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ELCStruck OutELCL (OS) Case No. E013 of 2026· [2026] KEELC 6248 (KLR)

Faith Ntarara Muketha v Jacob Mutwiri Lintari

Environment and Land Court
6 October 2026
BEB M Eboso
259 words in judgment
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The bottom line

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The Environment and Land Court struck out a matrimonial property suit, ruling it had no jurisdiction and that such a case cannot simply be transferred elsewhere.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Meru dealt with a suit filed by Faith Ntarara Muketha against Jacob Mutwiri Lintari concerning suit parcels of land. Through counsel, the plaintiff conceded that the dispute was a matrimonial property dispute, the key issue being whether the suit parcels were matrimonial properties, and orally urged the court to transfer the suit to the High Court. The court considered the concession and the transfer plea. It held that the suit had been filed in a court without jurisdiction to adjudicate matrimonial property disputes, and that settled law dictates that a suit initiated in a court devoid of jurisdiction is a non-starter incapable of transfer. The proper course, the court reasoned, was for the applicant to initiate a fresh suit in a court seized of jurisdiction. Accordingly, the court struck out the suit with no order as to costs, granted the applicant liberty to institute a competent suit in a court with jurisdiction, and directed that the file be marked 'Case closed'. The defendant was absent; the ruling was delivered on 6 October 2026 by B M Eboso, ELC Judge. No authorities or statutes were cited in the ruling.

Key legal issues

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01

Jurisdiction of the ELC over matrimonial property disputes

Holding

The ELC lacks jurisdiction to adjudicate matrimonial property disputes; the plaintiff's concession confirmed the dispute was matrimonial in nature

Reasoning

Counsel for the plaintiff conceded the dispute was a matrimonial property dispute, with the key issue being whether the suit parcels are matrimonial properties. The court accepted the concession and held that the suit was filed in a court without jurisdiction to adjudicate such disputes, leaving the plaintiff to file afresh in a competent court.

p. 1
02

Transfer of a suit filed without jurisdiction

Holding

A suit filed in a court devoid of jurisdiction is incapable of transfer and must be struck out

Reasoning

The court held that the settled law is that a suit initiated in a court without jurisdiction is a non-starter incapable of transfer. The proper course is for the applicant to initiate a fresh suit in a court seized of jurisdiction rather than seek a transfer order.

p. 2

Legal principles established

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  • A suit initiated in a court lacking jurisdiction cannot be transferred; it must be struck out and a fresh suit filed in a competent court

Court orders

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  1. 1.The suit is struck out with no order as to costs
  2. 2.The applicant is at liberty to initiate a competent suit in a court seized of jurisdiction to adjudicate the dispute
  3. 3.The file to be marked 'Case closed'
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act; the court found it lacked jurisdiction over matrimonial property disputes

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, "Faith Ntarara Muketha v Jacob Mutwiri Lintari", Case Analysis (2026). ELCL (OS) Case No. E013 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6248/eng@2026-10-06

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