Chepkwony v Keter & another (Environment and Land Miscellaneous Application E023 of 2025) [2025] KEELC 5640 (KLR)

2. e. This Court do issue such other orders/directions as it may deem fit and just to serve the ends of justice in the circumstances herein. f. Costs of this application be provided for; g. That the Respondents be condemned to pay costs of this application. The application is founded upon the applicant’s afidavit of Twenty-Three paragraphs sworn on even date as well as fourteen grounds which include; a) That by the Plaint dated 28th August,2012, the late Benjamin Kipketer Talai, the respondent herein filed the instant suit at Kisumu High Court Environment and Land Division being Civil suit No 38 of 2012. b) That consequently the Applicant filed a statement of Defence and Counter Claim dated 5th December,2012. c) That when the Environment and Land Court was devolved to the Chief Magistrates’ Court, this suit was transferred to the Chief Magistrates’ Court at Kapsabet, Environment and Land Court section vide ELC NO. 10 of 2018 whereby it is now pending hearing and determination. d) That apparently due to this matter having overstayed in court for the last 13 years, the subject matter being the land parcel registration number LR NO 24076/18 (LR NO 107926) measuring approximately 44.28 acres (17.92Ha) has appreciated with time and it is now valued at Kshs. 22,000,000,000 (Kenya shillings Twenty-Two Million). e) That it is impossible for the Applicant to amend her counter claim to claim mesne profits which exceeds Kshs. 20,000,000.00 which it is limit for Chief Magistrates’ Court with regard to pecuniary jurisdiction. 3. The respondents were duly served as disclosed in the afidavit of service sworn on 22nd July 2025 by Kaira Nabasenge learned counsel for the applicant. 4. The application is for inter partes hearing today. The respondent is absent. Mr Kaira Nabasenge has implored the court to grant the orders sought in the application. 5. In the foregone, is the application meritorious? 6. The gravamen of the application is that the value of the suit land reference number 24076/18 (LR NO. 107926) is in excess of Kshs 20, 000, 000/= (Kenya Shillings Twenty million) as per the valuation report annexed to the applicant’s afidavit-JCC 3. That therefore, the suit pending at Kapsabet Chief Magistrate’s Court deserves transfer to this court for hearing and determination. 7. The Constitutional and statutory provisions under which the application was commenced are borne in mind herein. Notably, section 7 of the Magistrates Courts Act 2015 provides for the jurisdiction of the magistrates’ courts. By the application, the applicant has established that the said Chief Magistrate’s court is devoid of jurisdiction over the suit. 8. It is trite that jurisdiction is everything and without it, a court cannot make one more step; see Owners of the Motor Vessel ‘Lillian S’ -vs-Caltex Oil (Kenya) Ltd (1989) eKLR. 9. The Respondents duly served with the application had the option to respond to the application but he opted not to it; see Ogada-vs-Mollin (2009) eKLR. 10. It is thus, the finding of this court that the application is firm and merited. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5640/eng@2025-07-29 2

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11. Wherefore, the application dated 14th July 2025 is hereby allowed in terms of orders 3 and 4 sought therein as stated in paragraph 1 ((c) and (d) hereinabove. 12. It is so ordered. DATED and DELIVERED at KAPSABET this 29th day of JULY 2025 G M A ONGONDO JUDGE Present; Mr Kaira Nabasenge learned counsel for the applicant Walter, court assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5640/eng@2025-07-29 3

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