Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedMRG ELCL MISC E007 OF 2026· [2026] KEELC 4086 (KLR)

Ngigi v Makanya (Environment and Land Miscellaneous Case E007 of 2026) [2026] KEELC 4086 (KLR)

Environment and Land Court
30 June 2026
1,025 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court ruled that magistrates' courts cannot decide adverse possession land claims, so a Kandara land dispute was transferred to Murang'a.

What this practically means

#

Executive summary

#
This is a ruling on a notice of motion dated 5 May 2026 by Hannah Njeri Ngigi and Benard Ngugi Ngigi, seeking transfer of Kandara MCELC E027/2024 (Simon Makanya vs. the Applicants) from the Kandara Magistrates' Court to the Murang'a Environment and Land Court. The Applicants, sued for eviction, had filed a counterclaim asserting ownership of the suit land through adverse possession after about 29 years of occupation. They argued that magistrates' courts lack jurisdiction over adverse possession claims per the Court of Appeal decision in Sugawara vs. Kiruti. The Respondent opposed the motion as an afterthought following an adverse ruling of 20 March 2025, noted the absence of an appeal, alleged the 1st Applicant was a vexatious litigant with a parallel suit (Murang'a ELC No. E018/2025), and complained of non-annexure of pleadings and prejudice to a pending preliminary objection. The court framed five issues and found that the counterclaim exists; that nothing showed E018/2025 concerned adverse possession; that the dismissal of the earlier motion could not defeat the adverse possession claim, which is protected by Article 50(1); and that the Magistrates' Court has no jurisdiction over adverse possession claims, such jurisdiction vesting in the ELC under Sections 37 and 38 of the Limitation of Actions Act. The motion was allowed in terms of prayer 2, with costs in the cause. Dated, signed and delivered virtually at Murang'a on 30 June 2026 by M.N. Gicheru, Judge.

Key legal issues

#
01

Jurisdiction of the Magistrates' Court over adverse possession claims

Holding

The Magistrate Court at Kandara has no jurisdiction to deal with claims for registration of land through adverse possession; only the ELC may hear such claims.

Reasoning

Relying on the Court of Appeal decision in Sugawara vs. Kiruti, the court held that Sections 37 and 38 of the Limitation of Actions Act vest jurisdiction over adverse possession claims in the Environment and Land Court (formerly the High Court). Since the applicants' counterclaim is founded on adverse possession, the Kandara Magistrates' Court cannot entertain it, and the matter must be transferred to the ELC.

p. 3
02

Right to fair hearing under Article 50(1) and the applicants' counterclaim

Holding

The court cannot ignore the applicants' adverse possession counterclaim; the prior dismissal of their motion dated 20-9-2024 does not defeat it.

Reasoning

The court found that the adverse possession claim is a right guaranteed by Article 50(1) of the Constitution, which entitles every person to have a justiciable dispute decided in a fair and public hearing. The prior adverse ruling of 20-3-2025 could not extinguish the claim; the claim can only fail if the applicants do not prove it to the required standard at a fair hearing.

p. 3
03

Status of Murang'a ELC Case No. E018/2025

Holding

There is nothing to show that case No. E018/2025 is on adverse possession; both cases should proceed as they are and the preliminary objection in that case should run its course.

Reasoning

The respondent argued that transferring the Kandara suit would prejudice his intended preliminary objection in Murang'a ELC Case No. E018/2025 and would create a multiplicity of suits. The court found no evidence that the E018/2025 case concerns adverse possession and declined to let it affect the transfer, directing that the two cases proceed independently.

p. 2

Legal principles established

#
  • A Magistrates' Court lacks jurisdiction to hear and determine claims founded on adverse possession because Sections 37 and 38 of the Limitation of Actions Act vest such jurisdiction in the Environment and Land Court.
  • A claim for adverse possession cannot be ignored or defeated by an adverse interlocutory ruling; it can only be defeated on proof at a fair hearing.

Court orders

#
  1. 1.Case file No. Kandara MCELC E027/2024 (Simon Makanya vs. Hannah Njeri Ngigi and Benard Ngugi Ngigi) transferred from Kandara Magistrate Court to Murang'a Environment and Land Court for hearing and determination.
  2. 2.Costs of the application to be in the cause to be transferred from Kandara Magistrates Court.
Jurisdiction invoked
Sections 1A, 1B and 18 of the Civil Procedure Act (transfer jurisdiction); Article 50(1) of the Constitution; Sections 37 and 38 of the Limitation of Actions Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ngigi v Makanya (Environment and Land Miscellaneous Case E007 of 2026) [2026] KEELC 4086 (KLR)", Case Analysis (2026). MRG ELCL MISC E007 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4086/eng@2026-06-30

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