Diamond Trust Bank Kenya Limited v Kanja (Commercial Miscellaneous Application E798 of 2025) [2025] KEHC 16503 (KLR) (Commercial and Tax) (21 October 2025) (Ruling) Neutral citation: [2025] KEHC 16503 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX COMMERCIAL MISCELLANEOUS APPLICATION E798 OF 2025 MA OTIENO, J OCTOBER 21, 2025 BETWEEN DIAMOND TRUST BANK KENYA LIMITED ................................... APPLICANT AND HILDA WANJIRU KANJA ................................................................. RESPONDENT RULING 1. I have considered the application dated 24th July 2025 by the Applicant. I note that the main prayer in the application is for leave of this court for the Applicant to institute a suit at the Magistrates’ Court against the Respondent in view of the fact that the subject matter of dispute is a sum of Kshs.2,133,898.99/- 2. It is settled law that jurisdiction is only conferred by Statute and/or the Constitution. Parties cannot, by their agreement, confer jurisdiction on a court. It is therefore irrelevant that parties by their agreement giving rise to these proceedings, contracted that any dispute arising therefrom would be referred to the High Court. 3. Given the fact that the amount involved is a sum of Kshs.2,133,898.99/-, the proper forum for the dispute is the Magistrates’ Court. No leave is therefore required. Section 7 of the Magistrate’s Court Act provides as follows on the pecuniary jurisdiction of a magistrate’s court:“ (1) A magistrate's court shall have and exercise such jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter does not exceed— (a) twenty million shillings, where the court is presided over by a chief magistrate; https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16503/eng@2025-10-21 1
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4. (b) fifteen million shillings, where the court is presided over by a senior principal magistrate; (c) ten million shillings, where the court is presided over by a principal magistrate; (d) seven million shillings, where the court is presided over by a senior resident magistrate; or (e) five million shillings, where the court is presided over by a resident magistrate.” Consequently, the application dated 24th July 2025 is hereby dismissed with no order as to the costs since the Respondent did not participate in these proceedings. It is hereby ordered. This file is closed. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF OCTOBER 2025 ADO MOSES JUDGE In the presence of: C/A – Moses Ms. Omala…………..for the Plaintifi/Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16503/eng@2025-10-21 2
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