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ELCPartially AllowedKAPS ELCLMISC. E031 OF 2025· [2026] KEELC 5019 (KLR)

Saina v Sitienei (Environment and Land Miscellaneous Case E031 of 2025) [2026] KEELC 5019 (KLR)

Environment and Land Court
28 July 2026
GOG M A Ongondo
488 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed magistrates cannot decide adverse possession claims, transferring a Kapsabet land suit for proper hearing.

What this practically means

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Executive summary

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By a notice of motion dated 21st October 2025, the applicant Joseph Kimutai Saina sought an order calling into the Environment and Land Court at Kapsabet the suit Kapsabet Chief Magistrate's Court ELC E026 of 2022 (Anthony Kiptum Sitienei v Joseph Kimutai Saina) for hearing and determination. The applicant explained that in the subordinate-court suit he had raised a defence and counterclaim based on adverse possession, but that the Court of Appeal, in Nairobi Civil Appeal E141 of 2022 and in Sugawara v Kiruti (2024), had affirmed that adverse possession claims are the exclusive preserve of the Environment and Land Court, leaving the magistrate's court without jurisdiction. The respondent, through Ms Cherop, did not oppose the application. The court, per Hon. G M A Ongondo J, applied Owners of Motor Vessel Lillian 'S' v Caltex Oil Kenya Ltd on the foundational nature of jurisdiction and adopted the Court of Appeal's holding in Sugawara v Kiruti that magistrates' courts cannot determine adverse possession claims. Finding the unopposed application meritorious, the court allowed it in terms of prayer (a), transferring the suit to the Environment and Land Court for hearing and determination, but made no orders as to costs. The ruling is dated 28th July 2026, though the year may reflect a typographical slip given the 2025 file number.

Key legal issues

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Jurisdiction of magistrates' courts over adverse possession claims

Holding

The Chief Magistrate's Court lacks jurisdiction to entertain adverse possession claims; such claims are reserved to the Environment and Land Court

Reasoning

Relying on the Court of Appeal's decision in Sugawara v Kiruti (2024), the court held that adverse possession claims fall outside the magistrates' courts' jurisdiction. Applying Owners of Motor Vessel Lillian 'S' v Caltex Oil Kenya Ltd, once a court perceives it lacks jurisdiction it must down tools. The pending suit and counterclaim therefore could not continue before the magistrate's court and had to be transferred to the ELC.

p. 3

Legal principles established

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  • Jurisdiction is fundamental; a court without jurisdiction must halt proceedings immediately
  • Magistrates' courts lack jurisdiction to determine claims of adverse possession, which are the preserve of the Environment and Land Court

Court orders

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  1. 1.The application dated 21st October 2025 allowed in terms of prayer (a): Kapsabet Chief Magistrate's Court ELC E026 of 2022 (Anthony Kiptum Sitienei v Joseph Kimutai Saina) called into and transferred to the Environment and Land Court at Kapsabet for hearing and determination
  2. 2.No orders as to costs
Jurisdiction invoked
Inherent transfer powers of the Environment and Land Court (application to call up and transfer Kapsabet CM ELC E026 of 2022); no specific statutory provision cited in the ruling

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, "Saina v Sitienei (Environment and Land Miscellaneous Case E031 of 2025) [2026] KEELC 5019 (KLR)", Case Analysis (2026). KAPS ELCLMISC. E031 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5019/eng@2026-07-28

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