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MagistrateDismissedKEHANCHA SPMC CC NO. E054 OF 2024· [2026] KEMC 516 (KLR)

Rioba v Sukari Industries Ltd (Civil Case E054 of 2024) [2026] KEMC 516 (KLR)

Chief Magistrate's Court (Senior Principal Magistrate), Kehancha
14 August 2026
JNJ.P. NANDI
769 words in judgment
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The bottom line

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A Kenyan magistrate's court cannot transfer a case to the Sugar Arbitration Tribunal — only the High Court has that power, so the defendant's application failed.

What this practically means

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Executive summary

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This is a ruling of the Senior Principal Magistrate's Court at Kehancha in Chief Magistrate's Court Case No. E054 of 2024, delivered by J.P. Nandi, Senior Principal Magistrate. Counsel for the defendant made an oral application under section 47 of the Sugar Act seeking transfer of the case to the Sugar Arbitration Tribunal. Counsel for the plaintiff opposed the application, relying on sections 17 and 18 of the Civil Procedure Act and submitting that the power to transfer a matter lies with the High Court, not the subordinate court, and that the defendant was free to approach the appropriate forum. The court framed a single issue: whether it had jurisdiction to transfer the case to the Sugar Arbitration Disputes Tribunal. Relying on section 18 of the Civil Procedure Act, the decision in Julius Lekuruito & Another v Nottingham Mwangi & Another, and the Supreme Court's decision in Samuel Kamau Macharia v Kenya Commercial Bank on the limits of jurisdiction, the court held that the High Court has wide and unfettered discretion to transfer suits under section 18, whether on application or on its own motion, and that the subordinate court has no such powers. The court found that it lacked jurisdiction to transfer the matter to the tribunal and dismissed the application for want of jurisdiction, holding transfer to be a preserve of the High Court. No costs order was recorded. The plaintiff was present with counsel Achola; the defendant was absent though advocate Ogola was present.

Key legal issues

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01

Whether the subordinate court has jurisdiction to transfer the case to the Sugar Arbitration Disputes Tribunal

Holding

The court lacks jurisdiction to transfer the matter; that power is a preserve of the High Court under section 18 of the Civil Procedure Act, and the application was dismissed for want of jurisdiction

Reasoning

Section 18 of the Civil Procedure Act empowers only the High Court, on application of a party or of its own motion, to withdraw and transfer suits pending before subordinate courts. Section 17 deals with cases that could be instituted in two or more courts, while section 18 confers the general transfer power on the High Court. The Supreme Court in Samuel Kamau Macharia confirmed that a court cannot arrogate to itself jurisdiction beyond what the Constitution or written law confers. The defendant's invocation of section 47 of the Sugar Act did not vest the subordinate court with transfer jurisdiction.

p. 3

Legal principles established

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  • The power to withdraw and transfer suits under sections 17 and 18 of the Civil Procedure Act vests in the High Court alone, not in subordinate courts
  • A court's jurisdiction flows from the Constitution or legislation and cannot be arrogated beyond what is conferred by law

Court orders

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  1. 1.The defendant's oral application for transfer of the case to the Sugar Arbitration Tribunal is dismissed for want of jurisdiction
Jurisdiction invoked
Sections 17 and 18 of the Civil Procedure Act; Sugar Act section 47 (invoked by defendant)

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, "Rioba v Sukari Industries Ltd (Civil Case E054 of 2024) [2026] KEMC 516 (KLR)", Case Analysis (2026). KEHANCHA SPMC CC NO. E054 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/516/eng@2026-08-14

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