Pecat Investments Ltd v Media Masters International Ltd & another
The bottom line
#Kenya's Environment and Land Court confirmed it can hear disputes over land used as security for rent debts, dismissing an attempt to move the case.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether the Preliminary objection dated 27th January 2026 is merited
Key legal issues
#Whether the ELC has jurisdiction over a dispute founded on a deed of guarantee and indemnity arising from rent arrears secured by land
The objection was dismissed; although the relationship originated commercially, the dispute substantially concerns title to and disposition of land, falling within ELC jurisdiction.
Applying the predominant purpose test, the court examined the plaint: the cause of action arises from a deed of guarantee and indemnity executed over two Kajiado parcels offered as security for rent arrears. The reliefs sought - declarations of breach, compelled execution of transfer and sale documents over the parcels - concern rights, interests and disposition of land. Article 162(2)(b) and Section 13 of the ELC Act therefore confer jurisdiction on the ELC.
Legal principles established
#- A preliminary objection must be raised on a pure point of law discernible from the face of the pleadings
- Where a transaction involves land and other elements, jurisdiction turns on the predominant purpose of the transaction
Court orders
#- 1.The Preliminary Objection dated 27th January 2026 is dismissed
- 2.Costs shall abide outcome of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Jurisdiction is everything. Without it, a court has no powers to make one more step.
the Court finds that while the parties’ relationship originated from a commercial transaction, the dispute substantially concerns rights, interests, disposition or title to land.
The Preliminary Objection dated 27th January 2026 is therefore devoid of merit and is hereby dismissed. Costs shall abide outcome of the suit.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pecat Investments Ltd v Media Masters International Ltd & another", Case Analysis (2026). Land Case E125 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5823/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.