Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedHoma Bay ELC Misc Application No. E058 of 2025

Obande & 2 others v Ronga (Environment and Land Miscellaneous Application E058 of 2025) [2026] KEELC 3283 (KLR)

Environment and Land Court
7 May 2026
3,144 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court confirmed that only it can decide adverse possession land claims, and struck out court documents filed by a lawyer before formally coming on record.

What this practically means

#

Executive summary

#
The applicants, defendants in Oyugis ELC E064 of 2024 (Ruth Atieno Ronga v Susan Moraa Obande and 2 others), moved the Environment and Land Court at Homa Bay by Notice of Motion dated 19 November 2025 seeking transfer of that suit to the ELC. Their Defence and Counterclaim, filed on or about 13 September 2024, raised an adverse possession claim under Sections 7 and 38 of the Limitation of Actions Act. Following the Court of Appeal's decision in Sugawara v Kiruti (11 October 2024), which settled a long-standing conflict of authority by confirming that only the ELC has original jurisdiction over adverse possession claims, the trial court lacked jurisdiction to determine the counterclaim. The respondent opposed through a Replying Affidavit and submissions, but the court found all three documents were filed by the firm of Alphonse Barrack and Associates before a Notice of Appointment was lodged, rendering them irregularly on record as filings by a stranger; relying on the Supreme Court's Salat decision, the court held they could not be regularised retroactively and struck them out, leaving the application unopposed. On the merits, the court held that although jurisdiction cannot be conferred by consent, the counterclaim predated Sugawara and the plaintiff had not raised the jurisdictional objection earlier, so the interests of justice favoured transfer. The court ordered the Oyugis suit transferred to the ELC at Homa Bay for hearing and determination, with costs in the cause, and closed the file.

Questions the Court framed

#

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

  1. 1.Whether the Respondent's Replying Affidavit, submissions and List of Authorities filed before a Notice of Appointment were irregularly on record and should be struck out
  2. 2.Whether the suit Oyugis ELC E064 of 2024, in which a Defence and Counterclaim raising adverse possession was filed, should be transferred from the Senior Principal Magistrate's court to the ELC, which alone has original jurisdiction over adverse possession claims under Section 38 of the Limitation of Actions Act

Key legal issues

#
01

Irregular filing of documents by unappointed counsel

Holding

The Respondent's Replying Affidavit, submissions and list of authorities were filed by a stranger and struck out; Article 159(2)(d) cannot cure such a fundamental defect.

Reasoning

The firm of Alphonse Barrack and Associates filed documents before the Notice of Appointment was filed. Representation before the court is a material fact going to the root of pleadings, not a mere technicality, and per the Salat decision documents filed without leave cannot be regularised after the fact. No fresh documents were filed after appointment.

p. 4
02

Jurisdiction over adverse possession claims and transfer of the suit

Holding

Post-Sugawara v Kiruti, only the ELC has original jurisdiction under Section 38 of the Limitation of Actions Act; the Oyugis suit with its adverse possession counterclaim was transferred to the ELC in the interests of justice.

Reasoning

The court traced the historical split of authority on magistrates' jurisdiction over adverse possession, resolved since the Court of Appeal's Sugawara v Kiruti decision of 11 October 2024. Although parties cannot confer jurisdiction, the counterclaim was filed before that clarification and the Plaintiff had not objected, so justice warranted transfer rather than shutting the parties out.

p. 15

Legal principles established

#
  • Only the ELC has original jurisdiction to hear and determine adverse possession claims under Section 38 of the Limitation of Actions Act, per Sugawara v Kiruti.
  • Documents filed by a stranger before a Notice of Appointment cannot be regularised retroactively.
  • A counterclaim is a cross-suit but gives rise to one judgment with the main suit.

Court orders

#
  1. 1.The Respondent's Replying Affidavit, written submissions and List of Authorities filed before appointment of counsel are struck out as irregularly filed
  2. 2.Oyugis ELC E064 of 2024 Ruth Atieno Ronga vs Susan Moraa Obande and 2 others is transferred to this Court for hearing and determination
  3. 3.Costs of the application shall be in the cause
  4. 4.The file is closed forthwith

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Section 13(1)(2) of the Environment and Land Court Act; Article 162(2)(b) of the Constitution; Section 3A of the Civil Procedure Act

Quotable passages

#

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

Accordingly, I order that Oyugis ELC E064 of 2024 Ruth Atieno Ronga vs Susan Moraa Obande and 2 others be transferred to this Court for hearing and determination.
p. 15Final orders - transfer of suit
The Costs of this application shall be in the cause. This file is hereby closed forthwith.
p. 15Final orders - costs
from the 11th October 2024 the position is now clear, that Section 38 of the Limitation of Actions Act provides that only the ELC has the original jurisdiction to hear and determine adverse possession claims.
Jurisdiction over adverse possession
They were filed by a stranger and their validity or regularity on the record could not be salvaged retrogressively by the Notice of Appointment filed afterwards.
p. 4Irregular filing by unappointed counsel

Issues in the judgment

#
minor

Header states 'RULING D.O.D 7.5.2026' while grounds refer to a lower court mention 'on 2nd December 2023 (sic)' although the application is dated 19th November 2025 - an apparent date inconsistency.

minor

The motion cites 'Section 3A, Civil Procedure Rules (sic)' when Section 3A is of the Civil Procedure Act.

minor

Application was said to be supported by an affidavit of counsel Cephas Agure but was actually supported by the 1st Applicant's affidavit.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Obande & 2 others v Ronga (Environment and Land Miscellaneous Application E058 of 2025) [2026] KEELC 3283 (KLR)", Case Analysis (2026). Homa Bay ELC Misc Application No. E058 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3283/eng@2026-05-07

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