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ELCDismissedNot stated on the face of the judgment (Notice of Motion dated 9th September 2025; the underlying cause is Nairobi Co-operative Tribunal Cause No. 187 of 2021)· [2026] KEELC 2478 (KLR)

Maithya v Riakanau Cooperative Society Limited & 3 others (Environment and Land Miscellaneous Case E085 of 2025) [2026] KEELC 2478 (KLR)

Environment and Land Court of Kenya
28 April 2026
NMN.A. Matheka
1,346 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled a case filed before the wrong tribunal cannot simply be moved — it must be withdrawn and filed afresh in the right court.

What this practically means

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Executive summary

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The applicant moved the Machakos Environment and Land Court by Notice of Motion dated 9th September 2025, invoking Sections 1A, 1B and 18(1)(b) of the Civil Procedure Act, Article 162(2) of the Constitution and Order 51 of the Civil Procedure Rules, seeking transfer of Nairobi Co-operative Tribunal Cause No. 187 of 2021 to the Machakos Environment and Land Court. The underlying claim sought an order compelling the respondents to release title deeds for land parcels 20885/11 and 20855/43, each measuring 23 acres; the respondents' defence raised cancellation of those titles, which the applicant contended was beyond the Tribunal's jurisdiction. The respondents raised a preliminary objection arguing that a suit filed in a forum without jurisdiction is a nullity which cannot be cured by transfer under Section 18. The court accepted that the Tribunal lacks jurisdiction over cancellation or revocation of titles. Relying on Owners of Motor Vessel 'Lillian S' v Caltex Oil and Equity Bank Ltd v Bruce Mutie Mutuku, it held that a suit filed without jurisdiction is dead on arrival and cannot be revived by transfer; the only remedy is to withdraw it and file afresh in the competent court. The preliminary objection was upheld and the application dismissed with no orders as to costs. Delivered at Machakos on 28th April 2026 by N.A. Matheka, Judge.

Key legal issues

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01

Whether a court may transfer a suit filed in a forum lacking jurisdiction

Holding

It cannot. Section 18 of the Civil Procedure Act permits transfer of suits properly instituted; a suit filed without jurisdiction is a nullity and the only remedy is withdrawal and fresh filing in the competent court.

Reasoning

The court accepted, as common ground, that the Co-operative Tribunal has no jurisdiction over cancellation or revocation of titles, a matter reserved to the Environment and Land Court. Relying on Owners of the Motor Vessel 'Lillian S' and Equity Bank Ltd v Bruce Mutie Mutuku, the court held that transfer under Section 18 cannot sanctify an incompetent suit, since no competent suit exists capable of being transferred.

p. 3

Legal principles established

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  • A suit filed in a forum without jurisdiction is dead on arrival and cannot be validated or revived by transfer to a competent court
  • Parties cannot, even by consent, confer jurisdiction on a court where none exists

Court orders

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  1. 1.The preliminary objection is upheld
  2. 2.The application dated 9th September 2025 is dismissed with no orders as to costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 18(1)(b), 17 and 18
  • Civil Procedure RulesOrder 51
  • Constitution of Kenya, 2010Article 162(2)

Cases cited (3)

  • Owners of Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] KLR 1
  • Hangzhou Agrochemicals Industries Ltd v Panda Flowers Ltd
    2012 eKLR
  • Equity Bank Limited v Bruce Mutie Mutuku t/a Diani Tour Travel
    (2016) eKLR
Jurisdiction invoked
Sections 1A, 1B and 18(1)(b) of the Civil Procedure Act; Article 162(2) of the Constitution; Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Maithya v Riakanau Cooperative Society Limited & 3 others (Environment and Land Miscellaneous Case E085 of 2025) [2026] KEELC 2478 (KLR)", Case Analysis (2026). Not stated on the face of the judgment (Notice of Motion dated 9th September 2025; the underlying cause is Nairobi Co-operative Tribunal Cause No. 187 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2478/eng@2026-04-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.