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ELCOtherMigori CMCELC E008 of 2021 (as registered in the Environment and Land Court)

Weke & another v Kenya Forestry Research Institute (Environment and Land Case E007 of 2025) [2026] KEELC 2835 (KLR)

Environment and Land Court
13 May 2026
1,655 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court ruled it had no jurisdiction over a wrongly transferred land case, voiding all proceedings and sending the file back to the Magistrates Court.

What this practically means

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Executive summary

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The 2nd Plaintiff moved the court by Notice of Motion dated 12th November 2025 under Order 2 Rule 15(1)(b), (c) and (d) of the Civil Procedure Rules seeking striking out of the Defendant's defence dated 24th February 2020, contending that Land Reference Number Suna East/Wasweta 1/22729 is registered in the Plaintiffs' names and that the defence based on a 2013 allocation by Migori County Government was frivolous, scandalous, vexatious and an abuse of process. Before determining the merits, the court examined whether the suit could proceed given an alleged transfer and consolidation with Migori ELCC No. 81 of 2019, which had been made a test suit. Perusing the order of 30th October 2023 listing fourteen files for transfer and consolidation, and the underlying application dated 11th July 2023, the court found the instant suit appeared in neither. It held that the file had been transferred to the ELC in March 2025 in error, that no valid transfer or consolidation order existed, and that all proceedings taken after the transfer were irregular and null. Consequently, the court declined to determine the striking-out application or costs, and invoking Section 3A and Section 100 of the Civil Procedure Act, ordered the file returned to the Chief Magistrate's Court Migori to be placed before Hon. Okuche SPM, with mention on 28th May 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application can be decided on its merits before this matter is deconsolidated
  2. 2.Whether the defence dated 24th February 2020 should be struck out
  3. 3.Who is to bear the costs of the application

Key legal issues

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01

Whether the suit could proceed in the ELC when the file was not among those listed for transfer and consolidation

Holding

The transfer was irregular and an error apparent on the face of the record; the suit was never validly transferred or consolidated, so the court could not entertain the striking-out application

Reasoning

The court examined the order of 30th October 2023 in Migori ELCC No. 81 of 2019 listing fourteen files for transfer and consolidation, and the underlying Notice of Motion dated 11th July 2023. The instant suit appeared in neither. It therefore concluded the registry transferred the file in error, that no valid transfer or consolidation order existed, and that it lacked power to proceed further, making the striking-out application incompetent before it.

p. 3

Legal principles established

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  • A suit transferred to a court without a valid transfer order is irregularly before that court, which lacks power to proceed and must return the file; proceedings taken pursuant to an erroneous transfer are null and of no effect

Court orders

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  1. 1.The matter be returned or transferred to the Magistrates Court (Chief Magistrate's Court Migori) and placed before the Hon. Okuche SPM for further directions
  2. 2.Mention before the said trial Magistrate on 28th May 2026 for further directions

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction under Section 3A of the Civil Procedure Act and power to correct clerical/arithmetical errors under Section 100 of the Civil Procedure Act

Relief refused

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Striking out of the Defendant's defence dated 24th February 2020

The court found it lacked jurisdiction to determine the application because the suit had been transferred to it in error and was irregularly before it; the merits could only be decided by the right court

p. 3

Costs of the application and of the suit

The court could not determine the third issue as the merits of the application fell away for want of jurisdiction

p. 3

Costs

No costs order made; the court declined to determine the third issue on costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

it means that all the proceedings which were taken in it upon the transfer of the same in March 2025 to his court were irregular and null and of no efiect henceforth
p. 3Nullity of proceedings following an irregular transfer
there being an error apparent on the face of record which needs immediate correction under Section 100 of the Civil Procedure Act, this court hereby orders that the matter be returned or transferred to the Magistrates Court
p. 3Final orders - retransfer of the file

Issues in the judgment

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minor

Judgment states it was dated, signed and delivered on 13th May 2026, but the record of proceedings shows the suit was registered on 20th March 2025 and the application dated 12th November 2025 with mention fixed for 28th May 2026 - the 2026 delivery date appears inconsistent with the 28th May 2026 mention date ordered in the same ruling

minor

The judgment refers to the suit as allegedly consolidated with ELC No. 81 of 2019, but also states the suit has never been consolidated with that file - an internal tension in the description of the suit's status

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, "Weke & another v Kenya Forestry Research Institute (Environment and Land Case E007 of 2025) [2026] KEELC 2835 (KLR)", Case Analysis (2026). Migori CMCELC E008 of 2021 (as registered in the Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2835/eng@2026-05-13

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