REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL (OS) CASE NO. E013 OF 2026 FAITH NTARARA MUKETHA..........................................PLAINTIFF -VERSUSJACOB MUTWIRI LINTARI......................................... DEFENDANT RULING (EX-TEMPORE) 1. The applicant has, through his counsel, conceded that the dispute in this cause is a matrimonial property dispute. She confirms that the key issue to be determined in the dispute is the question as to whether the suit parcels are matrimonial properties. Counsel has urged this court to transfer this suit to the High Court. 2. The court has considered the above concession and the oral plea for a transfer order. What emerges is that this suit was filed in a court that does not have jurisdiction to adjudicate Page 1 | 2
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matrimonial property disputes. Secondly, it is now settled law that a suit that is initiated in a court devoid of jurisdiction is a non-starter incapable of transfer. The proper thing to do is to let the applicant initiate a fresh suit in a court seized of jurisdiction. 3. For the above reasons, this suit is struck out with no order as to costs. The applicant shall be at liberty to initiate a competent suit in a court seized of jurisdiction to adjudicate the dispute at hand. It is so ordered. This file shall be marked “Case closed”. DATED, SIGNED AND DELIVERED AT MERU THIS 6TH DAY OF OCTOBER, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Kelvin Nyenyire for the Applicant. Respondent – Absent. Court Assistant – Mr. E. Tupet Page 2 | 2
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