Muriithi & 4 others v Karamai (Environment and Land Miscellaneous Case E025 of 2025) [2026] KEELC 2583 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed magistrates cannot hear adverse possession claims, so the entire Naivasha land case was transferred to the ELC.
What this practically means
#Executive summary
#Key legal issues
#Whether a counterclaim for adverse possession strips the Magistrate's Court of jurisdiction
Yes. Adverse possession is within the exclusive specialised mandate of the ELC as a superior court; Magistrates' Courts' jurisdiction over land matters is limited by the Magistrates' Courts Act and does not extend to claims for adverse possession.
The court adopted the Court of Appeal's decision in Sugawara v Kiruti, holding that section 18 of the Civil Procedure Act's reference to the High Court must be read as the ELC for adverse possession claims. Section 26 of the ELCA permits magistrates to hear land cases only subject to pecuniary limits and the nature of the claim; adverse possession, being compulsory acquisition of title by operation of law, exceeds that mandate.
Whether the two parcel descriptions (LR No. 1317/356 and LR No. Gilgil Township Block 2/37) refer to the same land
The court accepted that a genuine possibility of overlap via conversion/RIM amendment exists and that substance must prevail over form at the forum stage.
The court noted the fundamental dispute over the parcel identities, the Survey of Kenya letter suggesting a conversion process, and the Respondent's pleading objection. It held that at this interlocutory stage the court must look at substance; if double-titling or overlap from conversion exists, the Magistrate's Court, limited by the Magistrates' Courts Act, may be unable to grant the declaratory reliefs needed to settle the root of title.
Whether the threshold for transfer under Section 18 of the Civil Procedure Act was met
Yes. The transfer was warranted to avoid piecemeal litigation and to ensure a jurisdictionally sound, final decree; no prejudice would be suffered by the Respondent in moving to a superior forum.
The court held that the power to transfer is discretionary and the applicant bears the burden, but transfer is only possible where the source court lacks jurisdiction. Leaving the matter in the Magistrate's Court, only for it to later realise it cannot cancel a title or declare adverse possession, would cause piecemeal litigation discouraged by Sections 1A and 1B of the Civil Procedure Act. Complex questions of land conversion, legality of root of title and adverse possession are best suited to the ELC.
Legal principles established
#- Only the Environment and Land Court is mandated to hear and determine claims for adverse possession; such claims are not among the matters specified for determination by Magistrates' Courts under section 9(a) of the Magistrates' Courts Act.
- A suit cannot be transferred to a court unless it was first brought to a court with jurisdiction to try it; jurisdiction cannot be conferred by consent.
- Adverse possession is a claim for compulsory acquisition of title by operation of law, beyond the mere possession or occupation typically handled by subordinate courts.
Court orders
#- 1.The Application dated 10th December 2025 is hereby allowed.
- 2.Naivasha MC. ELC Case No. E102 of 2025 is hereby withdrawn from the Magistrate's Court at Naivasha and transferred to the Environment and Land Court at Naivasha for hearing and determination.
- 3.Costs of the application shall be in cause.
- Jurisdiction invoked
- Section 18(1)(b) of the Civil Procedure Act; Section 13 of the Environment and Land Court Act; Articles 48, 50, 159 and 162(2)(b) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriithi & 4 others v Karamai (Environment and Land Miscellaneous Case E025 of 2025) [2026] KEELC 2583 (KLR)", Case Analysis (2026). Notice of Motion dated 10th December 2025 (ELC at Naivasha). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2583/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.