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ELCAllowedNotice of Motion dated 28th January 2025

Cherobon v Kemboi & another (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 3572 (KLR)

Environment and Land Court
6 May 2025
376 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed it can pull adverse possession cases back from magistrates' courts and fast-track their hearing.

What this practically means

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Executive summary

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This is a ruling on an unopposed Notice of Motion dated 28th January 2025 by the applicant, brought through Kipkosgei Choge and Company Advocates, seeking two principal orders. First, that the Environment and Land Court call for Kapsabet Magistrates Court E&L Case No. 051 of 2024 and transfer it to itself for hearing and determination. Second, that pursuant to Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Section 13 of the Environment and Land Court Act, and in view of the character of the dispute, the matter be heard on a priority basis. The applicant explained that the underlying suit had originally been filed as E&L Suit No. 100 of 2020 before the Environment and Land Court in Eldoret but was transferred to the magistrates' court on account of value and territorial jurisdiction. Mr Choge, learned counsel for the applicant, urged the court to allow the application; the application was not opposed. In a short ruling delivered on 6th May 2025, Ongondo J, guided by the Court of Appeal decision in Sugawara v Kiruti (2024) eKLR on jurisdiction over adverse possession claims and Republic v Karisa Chengo & 2 others (2017) eKLR on jurisdiction generally, found the application firm and meritorious. The court allowed the application in terms of orders 2 and 3 sought, directing transfer of the magistrates' court case to the Environment and Land Court and that the matter proceed to hearing on a priority basis. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Environment and Land Court should call for and transfer Kapsabet Magistrates Court E&L Case No. 051 of 2024 to itself for hearing and determination
  2. 2.Whether the matter, being an adverse possession dispute, should proceed to hearing on a priority basis in view of Section 13 of the Environment and Land Court Act

Key legal issues

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01

Jurisdiction to transfer a magistrates' court E&L matter to the Environment and Land Court

Holding

The court allowed the transfer application, guided by authority on jurisdiction over adverse possession claims.

Reasoning

The applicant sought transfer of Kapsabet Magistrates Court E&L Case No. 051 of 2024, which had originally been filed as E&L Suit No. 100 of 2020 in Eldoret and transferred to the magistrates' court on value and territorial jurisdiction. Relying on Sugawara v Kiruti on adverse possession jurisdiction and Republic v Karisa Chengo on jurisdiction generally, and noting the application was unopposed, the court found the application meritorious and allowed orders 2 and 3 sought.

p. 2
02

Priority hearing of adverse possession claims

Holding

The court directed that the matter proceed to hearing on a priority basis pursuant to the Civil Procedure Act and Section 13 of the ELC Act.

Reasoning

Counsel asked the court, in view of the character of the dispute as an adverse possession claim, to direct a priority hearing. The court allowed this in terms of the prayers sought, citing its power under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Section 13 of the Environment and Land Court Act to give directions appropriate to meet the ends of justice.

p. 1

Legal principles established

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  • The Environment and Land Court has jurisdiction over adverse possession claims and may call for and direct transfer of an E&L matter from the magistrates' court where appropriate to meet the ends of justice.

Court orders

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  1. 1.Kapsabet Magistrates Court E&L Case No. 051 of 2024 be called for and transferred to the Environment and Land Court for hearing and determination
  2. 2.The matter to proceed to hearing on a priority basis as applied for by the applicant pursuant to Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Section 13 of the Environment and Land Court Act
  3. 3.It is so ordered

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap. 21) and Section 13 of the Environment and Land Court Act

Quotable passages

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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 find the application firm and meritorious.
p. 2Merit of transfer application
Accordingly, the application is hereby allowed in terms of orders 2 and 3 sought in the application as stated in paragraph 1 (a) and (b) hereinabove.
p. 2Disposition
It is so ordered.
p. 2Final orders

Issues in the judgment

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minor

The case number of the magistrates' court matter appears incompletely in the application as 'E&L case No 051 of 202' with the final digit missing, while the grounds also refer to prior E&L suit no 100 of 2020.

minor

Recurring typographical errors in the ruling (e.g. 'Plaintifi' for Plaintiff, 'Magistrates Curt' for Court).

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Cherobon v Kemboi & another (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 3572 (KLR)", Case Analysis (2025). Notice of Motion dated 28th January 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3572/eng@2025-05-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.