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ELCDismissedELCLMISC NO. E014 OF 2026· [2026] KEELC 5384 (KLR)

Njue v Safaricom PLC (Formerly Safaricom Limited) (Environment and Land Miscellaneous Case E014 of 2026) [2026] KEELC 5384 (KLR)

Environment and Land Court
3 September 2026
MCMbogo C.G.
1,590 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled you cannot fix a jurisdiction problem after filing a case; transfer was refused and the applicant must withdraw and refile.

What this practically means

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Executive summary

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The applicant, Stephen Mbogo Njue, moved the Environment and Land Court by notice of motion dated 29th December 2025 seeking transfer of suit MCELC/E273/2022 (Stephen Mbogo Njue v Safaricom Limited) from the Milimani Chief Magistrate's Court to the Environment and Land Court, and consequential leave to amend his plaint. The underlying suit, filed by plaint dated 19th July 2022, sought removal of a Safaricom base transceiver station from plots 237A and 234A in Mathare North and rent for unlawful occupation since August 2012. The applicant deposed that upon acquiring the plots in 2019 with assignments of rights, and after obtaining a rental valuation report, accrued mesne profits from August 2012 to December 2025 amounted to approximately Kshs.64,400,000/-, exceeding the magistrates' court's Kshs.20,000,000/- pecuniary limit, necessitating transfer to cure the jurisdictional defect. Safaricom filed grounds of opposition, contending that jurisdiction is determined at institution, that the suit was competently filed, and that the application was an attempt to inflate the claim to manufacture a jurisdictional gap and forum shop. The sole issue was whether the ELC had jurisdiction to transfer the suit. Relying on Phoenix of EA Company Limited v Thiga, the court held that jurisdiction must exist when a suit is filed; a suit filed without jurisdiction is dead on arrival and cannot be remedied by transfer or amendment. As the plaint as filed was unquantified and within the magistrate's jurisdiction at institution, the subsequent accrual of mesne profits could not ground a transfer under Section 18 of the Civil Procedure Act. The applicant's remedy was to withdraw the suit and file afresh in a court seized of jurisdiction. The application was dismissed with no order as to costs.

Key legal issues

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Whether the Environment and Land Court can transfer a suit from the magistrates' court where pecuniary jurisdiction allegedly became lacking after filing due to accrual of mesne profits

Holding

The court has no jurisdiction to transfer a suit whose alleged jurisdictional defect arose after filing; the proper remedy is withdrawal and fresh filing in a court with jurisdiction

Reasoning

The court held that jurisdiction must be present when a suit is filed. The plaint of 19th July 2022 did not quantify the claim, so the subordinate court had jurisdiction at institution. The subsequent accrual and quantification of mesne profits of approximately Kshs.64,400,000/- could not confer or alter jurisdiction retroactively, nor could an amendment be used to exceed the magistrate's pecuniary limit and justify transfer under Section 18 of the Civil Procedure Act. The applicant must withdraw and refile.

p. 7

Legal principles established

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  • Jurisdiction is determined at the time a suit is filed; a suit filed without jurisdiction cannot be remedied by transfer or amendment

Court orders

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  1. 1.Dismissal of the notice of motion dated 29th December, 2025
  2. 2.No order as to costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Sections 4, 13 and 26 of the Environment and Land Court Act; Section 18 of the Civil Procedure 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, "Njue v Safaricom PLC (Formerly Safaricom Limited) (Environment and Land Miscellaneous Case E014 of 2026) [2026] KEELC 5384 (KLR)", Case Analysis (2026). ELCLMISC NO. E014 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5384/eng@2026-09-03

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