Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck OutELCLC E009 of 2023· [2026] KEELC 5875 (KLR)

Loice Wambui & Others Co. Ltd v Kipketer Chumo & another

Environment and Land Court of Kenya
22 September 2026
GOG M A Ongondo
2,257 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

A Kenyan land court struck out both eviction and stay applications because the appeal was already pending before the Court of Appeal.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Kapsabet dealt with two applications in a land dispute over LR No. Nandi/Ndalat/633. The plaintiff sought eviction and vacant possession in enforcement of a judgment delivered in November 2024 and resultant decrees, with auctioneers and police security, contending the defendants had ignored notices and refused to vacate despite being offered the option to buy the property. The defendants opposed, arguing want of compliance with Sections 152A-152H of the Land Act, 2012 and with paragraph 88(A) of the judgment requiring a statutory notice, and that eviction would violate their constitutional rights. The defendants separately sought stay of execution pending an appeal, asserting an appeal (COACA No. E010 of 2025, Eldoret) was pending and that negotiations with the plaintiff delayed their stay application. The plaintiff disputed the appeal's existence initially, but an extract confirmed it was pending. The court considered the judgment's own requirement that the plaintiff issue a notice requiring vacant possession under Section 152 of the Land Act, and noted Section 152(E) requires a minimum three months' notice for eviction from private land. However, it disposed of both applications on jurisdictional grounds: holding that with a substantive appeal active before the Court of Appeal, duplicate motions in lower courts are devoid of jurisdiction, that jurisdiction had shifted upward, and that the court was functus officio. Both applications were struck out with no orders as to costs.

Key legal issues

#
01

Whether the ELC retains jurisdiction over enforcement and stay applications where an appeal is pending before the Court of Appeal

Holding

The court held it is devoid of jurisdiction; jurisdiction has shifted to the Court of Appeal and the court is functus officio

Reasoning

Relying on Samuel Kamau Macharia on jurisdiction flowing from Constitution or legislation, Republic v Karisa Chengo on voidness for want of jurisdiction, and John Mutua Ngunjiri on duplicate motions in lower courts when an appeal is active, the court concluded both applications were parallel and incompetent and struck them out.

p. 13
02

Compliance with paragraph 88(A) of the judgment and Sections 152A-152H of the Land Act on eviction

Holding

Not determined on the merits; the court reviewed the judgment's notice requirement and Section 152(E) but disposed of the applications on jurisdictional grounds

Reasoning

The court noted the judgment required the plaintiff to issue a notice requiring vacant possession under Section 152 of the Land Act, and that Section 152(E)(1) requires a minimum three months' (90 days) notice for eviction from private land, but did not rule on compliance because jurisdiction was lacking.

p. 10

Legal principles established

#
  • A court's jurisdiction flows from the Constitution or legislation or both, and a court can only exercise jurisdiction as conferred
  • When a substantive appeal is fully active before a senior appellate court, duplicate motions in lower or parallel benches are devoid of jurisdiction
  • Lack of jurisdiction renders a court's decision void, not merely voidable

Court orders

#
  1. 1.The 1st and 2nd applications dated 5th May 2026 and 16th September 2026 respectively be and are hereby struck out
  2. 2.No orders as to costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court) - implied; the ruling turns on jurisdiction flowing from the Constitution or legislation, citing Samuel Kamau Macharia

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Loice Wambui & Others Co. Ltd v Kipketer Chumo & another", Case Analysis (2026). ELCLC E009 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5875/eng@2026-09-22

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