Mukui v Bridge Developers Limited & 3 others (Miscellaneous Case E001 of 2024) [2025] KEELC 3024 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Territorial jurisdiction of the Environment and Land Court
The Nairobi ELC lacks territorial jurisdiction over a suit concerning land situate in Mavoko, Machakos County
The subject matter of the application is removal of a caveat over title I.R 28038 measuring approximately 1.784 HA in Mavoko, Machakos. By its own pleadings the Applicant confirmed the property is not in Nairobi City County, which defines this court's territorial jurisdiction; the objection therefore succeeded on a pure point of law.
Exhaustion of alternative remedies under the company's constitution
The exhaustion ground failed as it required evidence and was not a pure point of law
Determining whether the company's Memorandum and Articles of Association provide alternative dispute resolution mechanisms would require evidence, namely production of those documents. A preliminary objection cannot rest on facts requiring contest or proof by evidence, so that ground could not sustain the objection.
Locus standi
Not determined; the objection was upheld solely on the territorial jurisdiction ground
Although raised as the second ground, the court did not make any finding on locus standi, resting the decision entirely on territorial jurisdiction.
Legal principles established
#- A preliminary objection may only be raised on a pure question of law where there is no contest as to facts
- A court without jurisdiction over the subject matter must down its tools
Court orders
#- 1.The preliminary objection is upheld on the ground of territorial jurisdiction
- 2.The application is struck out with costs to the 1st and 2nd Respondents
- Jurisdiction invoked
- Article 162(2) of the Constitution and the Environment and Land Court Act (territorial jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mukui v Bridge Developers Limited & 3 others (Miscellaneous Case E001 of 2024) [2025] KEELC 3024 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3024/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.