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MagistrateStruck OutKitale CMC Civil Suit No. E434 of 2022· [2026] KEMC 587 (KLR)

United Aryan EPZ Ltd v National Transport & Safety Authority (Miscellaneous Application E359 of 2025) [2026] KEMC 587 (KLR)

Chief Magistrate's Court at Kitale
15 January 2026
TOT.O. Omono
971 words in judgment
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The bottom line

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A Kenyan magistrate's court struck out a buyer's attempt to force NTSA to transfer a vehicle, ruling that mandamus orders must be sought in the High Court through judicial review.

What this practically means

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Executive summary

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The Applicant, Amit Abedi, moved the Chief Magistrate's Court at Kitale by Notice of Motion dated 07 November 2025 under section 3A of the Civil Procedure Act and section 5 of the Judicature Act, seeking orders directing the National Transport and Safety Authority to transfer ownership of motor vehicle KBV 556 Y, previously registered in the name of Geoffrey Gitonga Theuri, to the Applicant, together with costs. The Applicant asserted he had complied with all requirements for a forced transfer but the Respondent had declined to effect it. Although duly served, the Respondent did not respond. The court framed two issues: whether the application was properly before it, and whether it was merited. On the first, the court noted that the substance of the application was a request to compel a public body to perform a public duty it had declined to perform, i.e. mandamus, which Applicant's counsel conceded in open court. Relying on Scope Telematics International Sales Ltd v Stoic Company Ltd & Another, the court held that the manner of instituting a suit is the basis of jurisdiction and cannot be cured under Article 159(2)(d) or the Oxygen Principles. Citing Rockland Kenya Ltd, Witmore Investment Ltd and Nairobi West Hospital Ltd, it further held that substantive orders cannot issue in miscellaneous applications. The application was therefore found wanting in jurisdiction; the merit question became moot. The court struck out the application with no order as to costs.

Key legal issues

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01

Whether the application was properly before the magistrates' court

Holding

It was not; the substance of the application was a claim for mandamus against a public body, which lies in judicial review before the High Court, and the manner of instituting proceedings goes to jurisdiction and cannot be cured under Article 159(2)(d) or the Oxygen Principles

Reasoning

The court observed that the Applicant was seeking to compel a public body to perform a public duty it had declined to perform, which is mandamus. Counsel conceded this in open court. Citing Scope Telematics, the court held that the manner of initiating a suit is the basis of jurisdiction and discretion cannot override a mandatory statutory provision. Substantive orders also cannot issue in miscellaneous applications, so the application was fatally defective.

p. 2
02

Whether the application was merited

Holding

The question was moot given the finding on want of jurisdiction

Reasoning

Having found that the application was not properly before the court for want of jurisdiction, the court declined to consider merit. No analysis of the forced transfer claim or the Applicant's compliance with NTSA requirements was undertaken.

p. 4

Legal principles established

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  • Mandamus against a public body is sought through judicial review in the High Court, not through a miscellaneous application in the magistrates' court
  • Substantive orders cannot issue in miscellaneous applications

Court orders

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  1. 1.The instant Application is struck out with no order as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Judicature ActSection 5
  • Constitution of Kenya, 2010Article 159(2)(d)

Cases cited (4)

  • Scope Telematics International Sales Ltd. -vs- Stoic Company Ltd & Another
    [2017] eKLR
  • Rockland Kenya Ltd –vs- Commissioner General of KRA & Another
    (2020) eKLR
  • Witmore Investment Ltd –vs- County Government of Kirinyaga & 3 Others
    (2016) eKLR
  • Nairobi West Hospital Ltd -vs- Joseph Karina & Another
    (2018) eKLR
Jurisdiction invoked
Section 3A of the Civil Procedure Act and Section 5 of the Judicature Act (invoked by the Applicant); the court found it lacked jurisdiction because mandamus against a public body lies in judicial review before the High Court

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, "United Aryan EPZ Ltd v National Transport & Safety Authority (Miscellaneous Application E359 of 2025) [2026] KEMC 587 (KLR)", Case Analysis (2026). Kitale CMC Civil Suit No. E434 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/587/eng@2026-01-15

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