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ELCStruck OutELC NO. E020 OF 2025· [2026] KEELC 5331 (KLR)

Murage v Murage & another (Environment and Land Case E020 of 2025) [2026] KEELC 5331 (KLR)

Environment and Land Court
12 August 2026
EME. K. Makori
1,577 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 cannot decide who inherits family land; such disputes must go to the High Court's succession division.

What this practically means

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Executive summary

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The Plaintiff, a son of the late Elizaphan Murage, sued his mother (1st Defendant, administrator of the estate) and brother (2nd Defendant), claiming a one-third share of LR. Thegenge/Ihithe/244, part of the deceased's estate. He alleged the 1st Defendant, though holding only a life interest, fraudulently transferred the suit property to the 2nd Defendant. He sought a declaration of entitlement to a third share, cancellation of the 2nd Defendant's title, subdivision into three equal shares, and costs. The Defendants did not enter appearance, and the suit proceeded as an undefended hearing on 16 April 2026. The court found from the confirmed grant of 8 April 2011 that both estate parcels had been confirmed absolutely in the 1st Defendant's name, with the beneficiaries' consent, rather than distributed to beneficiaries with specified shares as required by section 71 of the Law of Succession Act. Holding that disputes over the distribution of a deceased person's estate fall exclusively within the High Court's jurisdiction under section 47 of the Law of Succession Act, and applying Republic v Karisa Chengo on the limits of specialized courts and Owners of the Motor Vessel 'Lillian S' on jurisdiction, the court held the ELC lacked jurisdiction. The Plaintiff's remedy was to seek revocation of the confirmed grant. The suit was struck out for want of jurisdiction with no order as to costs.

Key legal issues

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01

Whether the ELC has jurisdiction over distribution of a deceased person's estate

Holding

It does not; succession disputes fall under section 47 of the Law of Succession Act, within the High Court's jurisdiction

Reasoning

The suit property was confirmed as absolutely owned by the 1st Defendant under a confirmed grant. The Plaintiff's claim for a share and cancellation of title is in substance a dispute over distribution of the estate. Under section 47 of the Law of Succession Act, only the High Court handles such disputes; the ELC's jurisdiction is limited by its establishing statute, per Republic v Karisa Chengo.

p. 6
02

The proper avenue for the Plaintiff

Holding

To seek revocation of the confirmed grant to enable redistribution

Reasoning

The beneficiaries themselves consented to the estate being confirmed absolutely in the 1st Defendant's name contrary to section 71(2) of the Law of Succession Act, which requires confirmation to specify all beneficiaries and shares. The remedy lies in the succession court, not the ELC.

p. 8

Legal principles established

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  • Specialized courts' jurisdictions are limited to matters provided for in their establishing statutes
  • A court without jurisdiction must down tools at once
  • Redistribution of a deceased's estate confirmed in an administrator's name requires revocation of the confirmed grant in the succession court

Court orders

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  1. 1.The suit is struck out for want of jurisdiction
  2. 2.No order as to costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution and the Environment and Land Court Act (section 13 invoked by counsel); court found it lacked jurisdiction over succession matters under section 47 of the Law of Succession Act

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, "Murage v Murage & another (Environment and Land Case E020 of 2025) [2026] KEELC 5331 (KLR)", Case Analysis (2026). ELC NO. E020 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5331/eng@2026-08-12

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