Muhoho Gichimu & Company Advocates v Eliud Njoroge Kanyigi & 2 others

Muhoho Gichimu & Company Advocates v Kanyigi & 2 others (Civil Miscellaneous E025 of 2024) [2026] KEHC 626 (KLR) (26 January 2026) (Ruling) Neutral citation: [2026] KEHC 626 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL MISCELLANEOUS E025 OF 2024 DKN MAGARE, J JANUARY 26, 2026 BETWEEN MUHOHO GICHIMU & COMPANY ADVOCATES ............................. PLAINTIFF AND ELIUD NJOROGE KANYIGI .......................................................... 1ST DEFENDANT DAMARIS NJERI KAGIRI ............................................................. 2ND DEFENDANT TERESIA NYAMBURA KINUTHIA ............................................ 3RD DEFENDANT RULING 1. This is an ex-tempore ruling on an application dated 4/6/2025 to adopt a certificate of taxation given on 7/8/2024. 2. Taxation was ruled out on 7/8/2024. There has been no opposition to the same. However, the application was filed as an ELC Miscellaneous. The court cannot by craft assume jurisdiction it does not have. In the case of Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] KESC 8 (KLR), the supreme court stated as doth: This Court dealt with the question of jurisdiction extensively in, In the Matter of the Interim Independent Electoral Commission (Applicant), Constitutional Application Number 2 of 2011. Where the Constitution exhaustively provides for the jurisdiction of a Court of law, the Court must operate within the constitutional limits. It cannot expand its jurisdiction through judicial craft or innovation. Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution. Where the Constitution confers power upon Parliament to set the jurisdiction of a Court of law or tribunal, the legislature would be within its authority to prescribe the jurisdiction of such a court or tribunal by statute law.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/626/eng@2026-01-26 1

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