Riungu v Matoke & 2 others (Environment and Land Case E094 of 2025) [2026] KEELC 2807 (KLR)

The court applied the predominant purpose test, holding that although the Co-operative Bank v Kangethe Njuguna decision places disputes purely about accounts, indebtedness and realization of securities in the High Court, that decision cannot divest the ELC of jurisdiction whenever charged land is involved. Here the pleadings disclose co-ownership of the suit property, want of statutory notices to co-proprietors, infringement of co-proprietary rights, and challenge to the legality of transfer of title. These are questions of legality of alienation of proprietary interests in land, falling squarely within Article 162(2)(b) of the Constitution and Section 13 of the ELC Act.

The court framed the sole issue as whether it lacked jurisdiction, and noted that the Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd test requires a preliminary objection to raise a pure point of law, a position buttressed by the Supreme Court in Odinga v IEBC. Jurisdiction being central to the legitimacy of any orders, it must be determined at the earliest opportunity once raised.