Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear lease disputes involving rent collection and eviction, dismissing the defendants' attempt to strike out the case.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over disputes with contractual and land elements
The dispute, involving trespass, eviction, possession and collection of rent from houses on leased land, falls within ELC jurisdiction under Article 162(2)(b) and section 13 of the ELC Act
The court distinguished mortgage/charge cases (Patrick Kangethe, Bank of Africa) because a lease confers exclusive possession unlike a charge. The defendants failed to deliver possession of the 56 rental units and are collecting rent, amounting to trespass. The dispute is not purely commercial since it embraces unlawful possession of land, squarely within section 13.
Whether the preliminary objection met the Mukisa Biscuit threshold
It did not, because contested facts exist as to the real issues in dispute
A preliminary objection must raise a pure point of law on assumed pleaded facts without calling for factual ascertainment or judicial discretion. Here, the parties dispute the nature of their obligations under the lease and construction agreement, so jurisdiction cannot be determined on a pure point of law.
Legal principles established
#- A preliminary objection must be founded on a pure point of law arising from the pleadings, not requiring ascertainment of contested facts or exercise of judicial discretion
- Where contested facts exist as to the issues in dispute, a preliminary objection cannot stand
- The ELC has jurisdiction over contracts in the context of land matters where possession and eviction are concerned
Court orders
#- 1.The Preliminary Objection dated 18th June 2025 is dismissed
- 2.Costs of the Preliminary Objection to the Plaintiff
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR)", Case Analysis (2026). ELC CASE NO. E101 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4626/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.