Maangi v Mwendwa & 4 others (Civil Appeal E025 of 2024) [2026] KEHC 4388 (KLR) (27 January 2026) (Ruling) Neutral citation: [2026] KEHC 4388 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CIVIL APPEAL E025 OF 2024 LW GITARI, J JANUARY 27, 2026 BETWEEN ITAVWA MULI MAANGI ....................................................................... APPELLANT AND MARY MWENDWA ...................................................................... 1ST RESPONDENT MWINZI MULYUNGI .................................................................. 2ND RESPONDENT KIMANZI KYAKA ........................................................................ 3RD RESPONDENT NGEI MUTUNE ............................................................................ 4TH RESPONDENT TIMOTHY KATUI KIMWELE .................................................... 5TH RESPONDENT RULING 1. I have considered this appeal. I have perused the claim by the appellant in the magistrate’s court. The claim by the appellant was based on un-surveyed Land which he bought in 1999 and has all along been in possession of the same. The subject matter of the Dispute is Land. This court lacks jurisdiction to entertain disputes based on Land by dint of the Environment and Land Court Act which gives effect to Article 162(2) of the Constitution and establishes the Environment and Land Court to hear and determine disputes relating to the environment and the use and occupation of and tile to land. 2. Section 4 of the Environment and Land Court Act provides for establishment of the court and provides that: “ 1) There is established the Environment and Land Court. 2) The Court shall be superior court of record with the status of the High Court. 3) The court shall have an exercise jurisdiction throughout Kenya.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4388/eng@2026-01-27 1
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3. This appeal is filed in a court that has no jurisdiction. The law of jurisdiction is well settled and it is that a court without jurisdiction cannot make one more step, it must down its tools. This was held in the case of Owners of Motor Vessel “Willians” -vs- Caltex Oil (Kenya) Ltd (1989) Kenya Law Reports 1 where the court stated that: “ Jurisdiction is everything. Without it, a court has no power to make one more step, there would be no basis of continuing with proceedings… A court of Law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.” 4. A matter filed in a court without jurisdiction is a nullity and this court cannot transfer a matter which is a nullity. I order that the appeal be struck out with costs. DATED, SIGNED AND DELIVERED AT KITUI THIS 27TH DAY OF JANUARY, 2026. HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4388/eng@2026-01-27 2
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