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MagistrateDismissed· [2026] KEMC 518 (KLR)

John v Sukari Industries Ltd (Civil Case E060 of 2024) [2026] KEMC 518 (KLR)

Magistrate's Court at Kehancha
14 August 2026
JNJ.P. Nandi
737 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan magistrate's court ruled it cannot transfer a case to the Sugar Arbitration Tribunal; only the High Court holds that power under section 18 of the Civil Procedure Act.

What this practically means

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Executive summary

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Before the Magistrate's Court at Kehancha, counsel for the defendant made an oral application under section 47 of the Sugar Act seeking transfer of the pending suit to the Sugar Arbitration Tribunal. The plaintiff's counsel opposed the application, relying on sections 17 and 18 of the Civil Procedure Act, and submitted 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. The court reproduced section 18 of the Civil Procedure Act, which empowers the High Court alone, on application of a party or of its own motion, to withdraw and transfer suits pending in subordinate courts. Drawing on Julius Lekuruito & Another v Nottingham Mwangi & Another (2018) eKLR, it noted that the High Court may transfer a suit between subordinate courts where the interests of justice demand. It also distinguished the narrower scope of section 17, which addresses suits capable of being instituted in two or more courts, from the general transfer power in section 18. Applying the Supreme Court's holding in Samuel Kamau Macharia v Kenya Commercial Bank that a court's jurisdiction flows from the Constitution or legislation and cannot be self-arrogated, the court held that a subordinate court lacks power to transfer suits and that this is a preserve of the High Court. The application was dismissed for want of jurisdiction. No costs order was made.

Key legal issues

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Jurisdiction of a subordinate court to transfer a case to the Sugar Arbitration Disputes Tribunal

Holding

The magistrate's court has no jurisdiction to transfer the matter to the Sugar Arbitration Tribunal; transfer powers under sections 17 and 18 of the Civil Procedure Act belong to the High Court alone.

Reasoning

The court examined section 18 of the Civil Procedure Act, which empowers only the High Court, on application of a party or sua sponte, to withdraw and transfer suits pending in or before subordinate courts. Guided by Lekuruito and the Supreme Court's jurisdiction dictum in Samuel Kamau Macharia, the court held that a court may only exercise jurisdiction conferred by law, and the subordinate court has no such transfer power. The defendant should instead approach the appropriate forum for transfer.

p. 2

Legal principles established

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  • A court's jurisdiction flows from the Constitution or legislation, and a court cannot arrogate to itself jurisdiction exceeding that conferred by law
  • The power to withdraw and transfer a suit from a subordinate court under section 18 of the Civil Procedure Act is vested exclusively in the High Court, on application or on its own motion
  • Section 17 applies to suits capable of being instituted in two or more courts, while section 18 confers a general power on the High Court to withdraw and transfer cases

Court orders

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  1. 1.The defendant's oral application for transfer of the case to the Sugar Arbitration Tribunal was dismissed for want of jurisdiction
Jurisdiction invoked
Sections 17 and 18 of the Civil Procedure Act (Cap. 21) read with section 47 of the Sugar Act as invoked by counsel; jurisdiction determined per the Supreme Court's pronouncement on jurisdiction flowing from the Constitution or legislation

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, "John v Sukari Industries Ltd (Civil Case E060 of 2024) [2026] KEMC 518 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/518/eng@2026-08-14

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