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ELCStruck OutELC NO E021 OF 2022· [2026] KEELC 5301 (KLR)

Erinpet Enterprises Ltd v Equity Bank (Kenya) Ltd & 2 others (Environment and Land Case 21 of 2022) [2026] KEELC 5301 (KLR)

Environment and Land Court
6 August 2026
959 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled it cannot hear cases about loan defaults and property sold to recover debt—those belong in the High Court.

What this practically means

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Executive summary

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In this first-instance ruling the Environment and Land Court at Nyeri (E. K. Makori, J) struck out the Plaintiff's suit for want of jurisdiction. The Plaintiff had sued the 1st and 3rd Defendants over a loan of Kshs.26,000,000 secured by a charge over Karatina/Township/Block 1/428; the property was sold at auction while the suit was pending, prompting an amendment to join the 2nd Defendant. The Plaintiff sought a declaration that the sale was unlawful, null and void, an order restoring it as registered owner, and alternatively damages for the loss of the property. The court, having invited counsel's views on jurisdiction, held that disputes concerning charged land fall within the civil and commercial jurisdiction of the High Court and not the ELC. Relying on the Court of Appeal decisions in Cooperative Bank of Kenya Limited v Njuguna and Bank of Africa Kenya Limited v TSS Investment Limited, the court reasoned that a mortgage or charge is a financial transaction and a disposition of security rather than a matter of land use; the central issue is the debt, with the land serving merely as security. Even if the realisation of the security was muddled, the matter belongs to the High Court. The court would only assume jurisdiction if the dispute shifted to a substantive question of title, such as fraudulent acquisition or forgery. Bound by Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd, the judge declined to take any further step and struck out the suit with costs.

Key legal issues

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01

Jurisdiction of the ELC over loan and charge disputes

Holding

The ELC has no jurisdiction; the suit was struck out

Reasoning

The cause of action originated from default on a Kshs.26,000,000 loan facility secured by a charge over Karatina/Township/Block 1/428. Relying on Court of Authority precedent, the court held that a charge is a financial transaction and disposition of security, not a land-use dispute. The central issue was the debt; the land was merely security. Even if the realisation of security was muddled, the High Court has jurisdiction, so the court struck out the suit with costs.

p. 6
02

Nature of a charge under the Land Act

Holding

A charge operates solely as security and does not transfer interests or rights in land

Reasoning

Section 2 of the Land Act defines a charge as an interest in land securing payment of money, and Section 80 provides that a charge operates solely as security without transferring interests in land. On default, the lender's remedies under Sections 90-96 arise, and disputes over those remedies lie in the High Court.

p. 4

Legal principles established

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  • Disputes concerning charged land fall within the civil and commercial jurisdiction of the High Court, not the ELC
  • A mortgage or charge is a financial transaction and a disposition of security, not a matter concerning land use, so the ELC's mandate does not extend to it
  • The ELC may assume jurisdiction only where the primary issue shifts from the loan itself to a substantive land dispute, such as a challenge to the fundamental validity of the title
  • A court must down its tools the moment it holds the opinion that it is without jurisdiction

Court orders

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  1. 1.The Plaintiff's suit is struck out with costs
Jurisdiction invoked
Article 162(2)(b) jurisdiction of the Environment and Land Court considered; Section 13 of the Environment and Land Court Act (jurisdiction) read against the Land Act, Sections 2, 80 and 90-96

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, "Erinpet Enterprises Ltd v Equity Bank (Kenya) Ltd & 2 others (Environment and Land Case 21 of 2022) [2026] KEELC 5301 (KLR)", Case Analysis (2026). ELC NO E021 OF 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5301/eng@2026-08-06

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