Julo Tsuma Julo & another (Suing on Their Own Behalf and on Behalf of 48 others of Mwadzeni Clan, Samburu, Kwale County) v Choyo & 9 others (Environment and Land Case E037 of 2025) [2026] KEELC 3593 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a land dispute filed too early, because the plot was still under adjudication and no required official consent had been obtained.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over land in an active adjudication section
The Court lacked jurisdiction to entertain ELC No. E037 of 2025 because the suit was instituted before completion of adjudication and without the consent of the Director of Land Adjudication required under Section 30(1) of the Land Adjudication Act, Cap. 284.
Jurisdiction flows from the Constitution and statute and cannot be assumed. Section 30(1) of Cap. 284 bars institution of civil proceedings concerning land in an adjudication section until the adjudication register is final, except with written consent. The letter from the Senior Land Adjudication and Settlement Assistant and the DLASO's oral address established that Plot No. 1203 remains under active adjudication, the dispute has not passed through the statutory committees and Arbitration Board, and no consent was obtained. Precedents on exhaustion and on strict adherence to statutory procedure support striking out the suit, without prejudice to re-institution once conditions precedent are met.
Entitlement to reliefs sought
Having found no jurisdiction, the Court could not grant any of the reliefs sought; the suit was struck out.
Because the finding on jurisdiction is fatal to the suit, all reliefs fall with it. The Court nonetheless balanced the legal correctness of dismissal with the parties' genuine dispute and Article 159(2)(d) obligations, endorsing the DLASO's proposal that the parties first pursue the statutory adjudication mechanisms and obtain the Section 30(1) consent before re-instating proceedings.
Costs
Each party to bear its own costs.
Although under Section 27(1) of the Civil Procedure Act costs follow the event, the Court considered the prevailing circumstances and facts and found it just, fair and reasonable that each party bear its own costs.
Legal principles established
#- No suit concerning an interest in land in an adjudication section may be instituted or entertained without the written consent of the adjudication officer until the adjudication register is final; proceedings instituted in contravention of Section 30(1) must be dismissed or struck out.
- Where a statute provides a specific and complete dispute-resolution mechanism, that mechanism must first be exhausted before a court's jurisdiction is invoked.
- Consent under Section 30(1) is a condition precedent and must be obtained before filing the suit (Bhaijee v Nondi).
- Once a court determines it has no jurisdiction, it must stop and take no further step.
Court orders
#- 1.THAT ELC No. E037 of 2025 be and is hereby struck out for want of jurisdiction, it having been filed in contravention of the provision Section 30(1) of the Land Adjudication Act, Cap. 284, and without the requisite consent of the Director of Land Adjudication
- 2.THAT the striking out is without prejudice to the parties' right to re-institute proceedings upon satisfying the conditions precedent under the said Act
- 3.THAT each party to bear its own costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (establishment of the Environment and Land Court); jurisdictional bar considered under Section 30(1) and (2) of the Land Adjudication Act, Cap. 284
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julo Tsuma Julo & another (Suing on Their Own Behalf and on Behalf of 48 others of Mwadzeni Clan, Samburu, Kwale County) v Choyo & 9 others (Environment and Land Case E037 of 2025) [2026] KEELC 3593 (KLR)", Case Analysis (2026). ELC No. E037 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3593/eng@2026-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.