Eveready Security Guards Ltd v Esteeem Energy Ltd (Environment and Land Miscellaneous Case E205 of 2022) [2026] KEELC 5275 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled a suit filed in a court without jurisdiction is a nullity that cannot be rescued by transfer; the plaintiff must start afresh.
What this practically means
#Executive summary
#Key legal issues
#Whether the order of 29th February 2024 transferring the suit from the chief magistrate's commercial court to the ELC should be reviewed and set aside for want of jurisdiction
Review allowed; the transfer order was set aside for want of jurisdiction because a suit filed in a court without pecuniary jurisdiction was a nullity incapable of being validly transferred.
Section 80 of the Civil Procedure Act and Order 45 Rule 1 permit review on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, without unreasonable delay. Relying on Equity Bank Limited v Bruce Mutie Mutuku, the court accepted that a suit filed in a court lacking jurisdiction cannot be sanctified by transfer. Both parties did not dispute that the magistrate's court lacked pecuniary jurisdiction over a claim whose value exceeded Kshs. 40,000,000. The court found an error in its own earlier order transferring the incompetent suit and declined to extend injunctions founded on a flawed process, holding the respondent should commence afresh on a clean slate.
Whether the respondent was entitled to leave to amend the plaint in the transferred suit
Refused; the court declined to permit amendment of the plaint, preferring a fresh suit.
Although the respondent sought leave in the alternative to amend the plaint dated 13th July 2022, the court was hesitant to allow amendment of pleadings and continued operation of orders granted on a flawed process. Having set aside the transfer order for want of jurisdiction, the court reasoned that the respondent should commence the suit on a clean slate rather than salvage the defective proceedings through amendment.
Legal principles established
#- A suit filed in a court lacking jurisdiction is incompetent and cannot be validly transferred to a court with jurisdiction; a court lacks jurisdiction to transfer an incompetent suit, particularly where the transferring court itself cannot cure the jurisdictional defect.
Court orders
#- 1.The orders issued on 29th February, 2024 withdrawing from and transferring the civil suit in Nairobi Commercial Courts Civil Case No. E3624 of 2022; Esteem Energy Limited versus Eveready Security Guards Limited are hereby set aside for want of jurisdiction.
- 2.Leave is hereby granted to the respondent to file a fresh suit before this court within seven (7) days from the date hereof.
- 3.No orders as to costs.
- Jurisdiction invoked
- Articles 40, 50 and 159 of the Constitution of Kenya; Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eveready Security Guards Ltd v Esteeem Energy Ltd (Environment and Land Miscellaneous Case E205 of 2022) [2026] KEELC 5275 (KLR)", Case Analysis (2026). ELC Misc No. E205 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5275/eng@2026-08-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.