Muia & 2 others v Nzyoka & 3 others (Being Sued as President, Treasurer and Secretary, (Administrator) of Betania Onlus Association); Kajiado County Government (Interested Party) (Environment & Land Case 108 of 2018) [2025] KEELC 2890 (KLR)
The bottom line
#Kenya's Environment and Land Court in Makueni kept a long-running Emali land case, ruling the nearest court—not the county where land is registered—controls venue.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court has jurisdiction to hear the case (territorial/geographical jurisdiction)
Key legal issues
#Whether the Makueni Environment and Land Court lacks territorial/geographical jurisdiction over the suit
The court has both substantive and territorial jurisdiction; Makueni is the nearest court to Emali Township where the suit property lies, so the application for transfer fails.
The court distinguished want of substantive jurisdiction under the Owners of Motor Vessel Lillian 'S' line from questions of territorial venue. Substantive jurisdiction derives from Section 13 of the ELC Act. On venue, the Civil Procedure Act (Sections 12 and 15) and the Chief Justice's practice directions under Gazette Notice No. 5178 require filing in the nearest court to the suit property. Since Emali Township is closer to Makueni than to Kajiado, the court held it possesses territorial jurisdiction and dismissed the motion.
Legal principles established
#- Neither the Constitution nor the Environment and Land Court Act confines the hearing of cases to the county where the subject matter is situated; territorial jurisdiction is guided by the Civil Procedure Act and the Chief Justice's practice directions on the nearest court.
- The ELC practice directions require suits to be filed in the nearest court within whose jurisdiction the suit property is situate, and that test favours the court where the property and convenience lie.
Court orders
#- 1.The Notice of Motion dated 5th February, 2025 seeking transfer of the suit to Kajiado Environment and Land Court is dismissed
- 2.Costs of the application to the Plaintiffs/Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act; Sections 12 and 15 and Section 18(1)(b) of the Civil Procedure Act; ELC Practice Directions, Gazette Notice No. 5178 of 25th July 2024
Relief refused
#Transfer of the suit to the Kajiado Environment and Land Court
The court found Makueni is the nearest court to Emali Township where the suit property is situated, so the court has territorial jurisdiction and the application lacked merit
Costs
The application is dismissed with costs to the Plaintiffs/Respondents
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I therefore find that the Notice of Motion dated 5th February, 2025 has no merits. The same is dismissed with costs to the Plaintifis/ Respondents.
It is important to note that neither the Constitution nor the Environment and Land Court Act confines the hearing of cases to the County where the subject matter is situate.
This court has jurisdiction as provided for under Section 13 of the Environment and Land Court Act. What the court will determine is whether it has geographical jurisdiction to hear the case.
Under Note 14, it clearly states that suits should be filed in the nearest court within whose jurisdiction the suit property is situate.
Issues in the judgment
#The court's own reasoning states Emali is nearer to Makueni than to Kajiado, while the Applicants had asserted the suit property is in Kajiado County; the judgment does not resolve where exactly the property lies, only which court is nearer.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muia & 2 others v Nzyoka & 3 others (Being Sued as President, Treasurer and Secretary, (Administrator) of Betania Onlus Association); Kajiado County Government (Interested Party) (Environment & Land Case 108 of 2018) [2025] KEELC 2890 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2890/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.