Kamuru & another v Ayub (Civil Appeal 868 of 2025) [2026] KEHC 6325 (KLR) (7 May 2026) (Ruling)
- Court
- High Court
- Case number
- 6325
- Citation
- [2026] KEHC 6325 (KLR)
- Decided
- 7 May 2026
- Judge
- WA Okwany
- Parties
- raw · defendants · plaintiffs
The appeal is incompetent ab initio as it was filed in the wrong forum and the Court of Appeal declines jurisdiction over such appeals.
Facts
The Respondent filed proceedings before the Chief Magistrate's Court seeking reliefs arising from distress for rent and the attachment of a motor vehicle. The Chief Magistrate transferred the matter to the Environment and Land Court (ELC) Division, which determined the matter.
Issues
- Whether this Court (Civil Appellate Division) has jurisdiction to hear and determine the appeal
Reasoning
The Court held that the dispute involved ownership and possessory rights, which fall under the jurisdiction of the Environment and Land Court. The appeal from a decision of the Chief Magistrate's Court sitting as an ELC court must be filed in the Environment and Land Court.
Outcome
The appeal is struck out for want of jurisdiction.
Orders
- The Respondent’s preliminary objection is upheld.
- This Court declines jurisdiction to hear and determine the appeal.
- The appeal is hereby struck out for want of jurisdiction.
- Costs of the appeal are awarded to the Respondent.
Authorities cited
Legislation (4)
- Article 162(2)(b) of the Constitution
- Environment and Land Court Act (the Act)
- Section 13(2) of the Act
- Section 13(4) of the Act
Cases cited (6)
- Owners of the Motor Vessel “Lillian S” vs. Caltex Oil (Kenya) Ltd
- Samuel Kamau Macharia & Another vs. Kenya Commercial Bank Ltd & 2 Others
- Co-operative Bank of Kenya Ltd vs. Patrick Kang’ethe Njuguna & 5 Others
- Carol Silcock vs. Kassim Sharrif Mohamed
- Republic vs. Karisa Chengo & 2 Others
- Phoenix of East Africa Assurance Company Limited vs. S. M. Thiga t/a Newspaper Service
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