Hezron Munanga Samuel & 1 other v Family Bank Kenya & 2 others

Samuel & another v Family Bank Kenya & 2 others (Civil Case 2 of 2016) [2025] KEHC 14505 (KLR) (14 October 2025) (Ruling) Neutral citation: [2025] KEHC 14505 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CIVIL CASE 2 OF 2016 S MBUNGI, J OCTOBER 14, 2025 BETWEEN HEZRON MUNANGA SAMUEL ....................................................... 1ST PLAINTIFF EZEKIEL MUNANGA MABURU ...................................................... 2ND PLAINTIFF AND FAMILY BANK KENYA .................................................................. 1ST DEFENDANT PAWABA AUCTIONEERS .............................................................. 2ND DEFENDANT DEMONDE AGENCIES AND AUCTIONEERS .......................... 3RD DEFENDANT RULING 1. The defendant counsel filed a preliminary objection dated 3rd July, 2024 saying that this court has no jurisdiction to try the suit for the value of the motor vehicle financed by the 1st defendant is a sum of Ksh, 2,956,800/=. 2. The suit should have been filed before the Chief Magistrates Court. 3. The parties put in written submissions, I have looked at the submissions. 4. The High Court of Kenya has unlimited original and Appellate Jurisdiction of how Civil and Criminal suits. 5. Similarly the High Court has territorial jurisdiction of the entire country. 6. So legally, the court has Jurisdiction to hear and determine this matter. 7. However it is a settled jurisprudence that, where the Jurisdiction is shared between the high court and the lower court a claim should be first filed before the lowest court which has jurisdiction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14505/eng@2025-10-14 1

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