Odera (Suing in her capacity as the legal representative and administrator of the Estate of Gladys Betty Odera - Deceased) v Balozi Housing Co-operative Society Limited (Land Case E058 of 2025) [2025] KEELC 6047 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land disputes involving co-operative societies, rejecting their attempt to move the case to the Co-operative Tribunal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether Section 76 of the Co-operative Societies Act ousts the jurisdiction of this Court to determine the dispute herein
Key legal issues
#Whether the Environment and Land Court, and not the Co-operative Tribunal, has jurisdiction over the dispute
The Preliminary Objection fails; the court is seized of jurisdiction under section 13 of the Environment and Land Court Act.
The deceased was a member of the defendant society, but the suit property was transferred to a third party, so the dispute metamorphosed from a member-society dispute into a claim for land. The prayers sought declarations, annulment of transfers and specific performance over title to Plot No. 119 on LR No. 12422/400, requiring evidentiary proof and touching on cancellation/rectification of title, which fall outside Section 76 of the Co-operative Societies Act.
Legal principles established
#- Section 76 of the Co-operative Societies Act deals with disputes on business within a co-operative society but not claims for land; land ownership and title disputes fall within the exclusive jurisdiction of the Environment and Land Court.
Court orders
#- 1.The Defendant's Preliminary Objection raised at paragraph 18 of the amended Statement of Defence dated 25th August 2022 is disallowed
- 2.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2) of the Constitution as read with Section 13 of the Environment and Land Court Act
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 find that this court is seized with jurisdiction to determine the issues raised herein by dint of section 13 of the Environment and Land Court Act.
the provisions therein deal with disputes on other businesses within the cooperative society but not claim for land
I find the Defendant’s Preliminary Objection raised at paragraph 18 of the amended Statement of Defence dated 25thAugust 2022 unmerited and will disallow it.
Costs will be in the cause
Issues in the judgment
#The court refers to a prior jurisdictional challenge by the Defendant 'which application was determined by the Court' and an admission of jurisdiction in the initial Defence, but the outcome of that application is not recorded in this ruling.
Quoted passages of cited authorities attribute a plurality judgment ('the Court held') to reasoning in the singular ('I am, however, certain'), suggesting an appeal judgment quoted with slight textual irregularity.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odera (Suing in her capacity as the legal representative and administrator of the Estate of Gladys Betty Odera - Deceased) v Balozi Housing Co-operative Society Limited (Land Case E058 of 2025) [2025] KEELC 6047 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6047/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.