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ELCPartially AllowedNot stated in the judgment (Kakamega ELC suit; related matter: Kakamega MCL & E Case No. E085 of 2023)· [2026] KEELC 3908 (KLR)

Madarah (Suing as Administrator of the Estate of Stephen Bukachi Kukuya) v Okuyumba (Enviromental and Land Originating Summons E046 of 2025) [2026] KEELC 3908 (KLR)

Environment and Land Court
17 June 2026
1,100 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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Kenya's Environment and Land Court in Kakamega moved an eviction case to itself so it could be heard alongside a competing land ownership claim, avoiding conflicting decisions.

What this practically means

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Executive summary

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The applicant, who had sued the respondent claiming parcel No. KISA/Shibinga/272 by adverse possession before the Environment and Land Court at Kakamega, moved the court by Notice of Motion dated 4th August 2025 seeking transfer of Kakamega MCL & E Case No. E085 of 2023 - an eviction suit the respondent had filed against him in the magistrates' court - to the ELC, and its consolidation with the present suit to avoid multiplicity of suits and conflicting decisions. The respondent opposed, arguing forum shopping and that the ELC had no jurisdiction to transfer what he contended was a nullity from a court without jurisdiction. The court framed a single issue: whether the applicant deserved the orders sought. It held that under section 18(1)(b)(i) of the Civil Procedure Act it has power, on application or on its own motion, to transfer a suit from the magistrates' court, and the respondent had not demonstrated the lower court lacked jurisdiction over the eviction claim. Because the adverse possession suit is, in substance, the defence to the eviction claim, transfer was in the interest of justice and consistent with the overriding objective of the Civil Procedure Act and section 3 of the Environment and Land Court Act. On consolidation, applying the Supreme Court's decision in Law Society of Kenya v The Centre for Human Rights and Democracy, the court held consolidation is a case-management tool for matters pending in the same court; since the lower court file had not yet been transferred and registered before it, the consolidation prayer was premature. The application was partially allowed: the eviction suit was transferred to the ELC at Kakamega, and the court made no order as to costs.

Key legal issues

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01

Whether the court has jurisdiction to transfer the magistrates' court case to itself despite the respondent's contention that the lower court suit is a nullity

Holding

The court has jurisdiction under section 18(1)(b)(i) of the Civil Procedure Act to transfer the suit, and the respondent failed to demonstrate that the lower court lacked jurisdiction over the eviction claim.

Reasoning

The court noted that the respondent had filed an eviction claim in the magistrates' court, a claim within that court's competence. The assertion that the transfer would be of a nullity was not substantiated; the respondent did not demonstrate that the lower court lacked jurisdiction to determine a claim of eviction. Accordingly, the statutory transfer power under section 18(1)(b)(i) of the Civil Procedure Act could be exercised.

p. 2
02

Whether transfer of the eviction suit was warranted

Holding

Yes; since the adverse possession suit is in substance the defence to the eviction claim, transfer serves the interest of justice and the overriding objective.

Reasoning

The court reasoned that hearing the main claim in one court and the defence and counterclaim in another would create a danger of conflicting decisions and waste judicial time. Transfer would promote the overriding objective of the Civil Procedure Act and section 3 of the Environment and Land Court Act, which requires efficient, just and affordable resolution of disputes. The prayer for transfer was therefore allowed.

p. 2
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Whether consolidation should be ordered at this stage

Holding

No; the prayer for consolidation is premature because the lower court file must first be transferred and registered as a pending matter before this court.

Reasoning

While acknowledging that consolidation is a legitimate case-management tool and citing the Supreme Court's guidance in Law Society of Kenya v The Centre for Human Rights and Democracy, the court held that consolidation applies to matters pending before the same court. Since the lower court file had not yet been brought to and admitted in this court, ordering consolidation immediately would be premature and disorderly.

p. 3

Legal principles established

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  • Under section 18(1)(b)(i) of the Civil Procedure Act, this court has jurisdiction, upon application by parties or on its own motion, to transfer a suit from the magistrates' court to itself for hearing and determination.
  • Consolidation is a case-management tool available where matters pending in the same court raise the same questions of law or fact and the reliefs sought arise out of the same transaction, and it must not confer undue advantage on one party.

Court orders

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  1. 1.Kakamega MCL & E Case No. E085 of 2023 is transferred from Kakamega Chief Magistrate's Court to the Environment and Land Court at Kakamega for hearing and determination
  2. 2.No order as to costs
Jurisdiction invoked
Section 18(1)(b)(i) of the Civil Procedure Act (transfer of suits from the magistrates' court to the High Court/ELC)

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, "Madarah (Suing as Administrator of the Estate of Stephen Bukachi Kukuya) v Okuyumba (Enviromental and Land Originating Summons E046 of 2025) [2026] KEELC 3908 (KLR)", Case Analysis (2026). Not stated in the judgment (Kakamega ELC suit; related matter: Kakamega MCL & E Case No. E085 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3908/eng@2026-06-17

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