Lelei v Michuki (Sued As The Legal Representative Of The Estate Of The Late Dr Michuki Njuguna - Deceased) (Environment and Planning Miscellaneous Application E002 of 2025) [2025] KEELC 7079 (KLR)

a) That, the instituted this suit on the 17th day of February 2022 vide Kapsabet Chief Magistrate’s Court ELC No. E053 of 2022 (OS) by way of adverse possession. b) That, the Magistrate’s Court lacks jurisdiction to heard and determine suits founded on adverse possession which jurisdiction is exclusively reserved for the Environment and Land Court. c) that on the 11th day of October 2024 the Court of Appeal sitting in Nairobi Vide Civil Appeal No. E141 of 2022 held conclusively that the Magistrate’s Courts have not jurisdiction to handle or entertain claims of adverse possession. d) That, the suit land Nandi/Chemuswa/316 is situated within the jurisdiction of the Kapsabet Environment and Land Court. e) That, the Applicant has brought this instance application timely, expeditiously and in the interest of justice and fairness. The Court below has not rendered itself fully on the above suit before it. 3. The respondent was duly served with the application as demonstrated by the afidavit of service sworn on 13th October 2025 by Mr. Victor Kiprono learned counsel for the applicant. However, she opted not to respond to the application; see Ogada-vs-Mollin (2009) KECA 409 (KLR). 4. In that regard, is the application meritorious? 5. It is the position of the applicant’s counsel that the application is unopposed and merited. That it be allowed accordingly. 6. Clearly, the application duly served, is not opposed. 7. I have taken into consideration the application in entirety and noted section 9 of the Magistrates’ Courts Act 2015, section 26 (4) of the Environment and Land Court Act 2015 (2011) and sections 17 and 18 of the Civil Procedure Act Chapter 21 Laws of Kenya pertaining to the jurisdiction magistrates’ courts and this court over the instant dispute. 8. Further, I subscribe to the Court of Appeal decision in Sugawara-vs-Kiruti (Sued in her capacity as the administratrix of the Estate of Mutarakwa Kiruti Lepaso alias Mutarakwa Kiruti Lepaso alias Mutaragwa Kiroti Leposo and in her own Capacity & 3 others (2024) eKLR on jurisdiction over adverse possession claims as well as the Supreme Court of Kenya decision in the case of Republic-vsKarisa Chengo & 2 others (2017) eKLR as regards jurisdiction. So, I find the application steadfast and meritorious. 9. Thus, the application dated 2nd October 2025 is hereby allowed in terms of Orders 3 and 4 sought therein as stated in paragraph 1 (a) and (b) hereinabove with costs in the cause. 10. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 16TH DAY OF OCTOBER 2025. HON. G M A ONGONDO JUDGE In the presence of;Mr. Victor Kiprono learned counsel for the Applicant Mr. Walter Kipkorir, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7079/eng@2025-10-16 2

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