Lelei v Michuki (Sued As The Legal Representative Of The Estate Of The Late Dr Michuki Njuguna - Deceased) (Environment and Planning Miscellaneous Application E002 of 2025) [2025] KEELC 7079 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that only it, not magistrates' courts, can decide adverse possession land claims, so such suits must be transferred.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application dated 2nd October 2025 seeking transfer of Kapsabet Chief Magistrate's Court Land Case No. E053 of 2022 (OS) to the Environment and Land Court, and leave to amend pleadings, is meritorious
Key legal issues
#Jurisdiction of the Magistrates' Court over adverse possession claims
The Magistrates' Court lacks jurisdiction over adverse possession claims; such claims fall within the exclusive jurisdiction of the Environment and Land Court, justifying transfer of the pending suit
The court considered section 9 of the Magistrates' Courts Act 2015, section 26(4) of the Environment and Land Court Act and sections 17 and 18 of the Civil Procedure Act on jurisdiction. It aligned itself with the Court of Appeal decision in Sugawara v Kiruti on jurisdiction over adverse possession claims and the Supreme Court decision in Republic v Karisa Chengo on jurisdiction generally. Finding the application unopposed and meritorious, it allowed the transfer and granted leave to amend.
Legal principles established
#- Magistrates' Courts lack jurisdiction to hear and determine claims founded on adverse possession, which jurisdiction is exclusively reserved for the Environment and Land Court
Court orders
#- 1.The Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS) between Richard Kiptoo Lelei and Lucy Wambui Michuki is transferred to the Environment and Land Court at Kapsabet for trial and final disposal on merits
- 2.The applicant is granted leave to amend his pleadings and file further documents in compliance with Order 11 of the Civil Procedure Rules, with corresponding leave to the respondent if she so desires
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 9 of the Magistrates' Courts Act 2015; section 26(4) of the Environment and Land Court Act 2011; sections 17 and 18 of the Civil Procedure Act (Cap. 21)
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.
Thus, the application dated 2nd October 2025 is hereby allowed in terms of Orders 3 and 4 sought therein as stated in paragraph 1 (a) and (b) hereinabove with costs in the cause.
That, the Magistrate’s Court lacks jurisdiction to heard and determine suits founded on adverse possession which jurisdiction is exclusively reserved for the Environment and Land Court.
Clearly, the application duly served, is not opposed.
Issues in the judgment
#The court states the application is 'allowed in terms of Orders 3 and 4 sought therein' but the prayers in the Notice of Motion are lettered (a) to (d), not numbered 3 and 4; the court maps them to 'paragraph 1 (a) and (b)' of the ruling, creating a mismatch between prayer numbering and the orders granted
The applicant also refers to a Court of Appeal decision 'Vide Civil Appeal No. E141 of 2022' said to have held on 11th October 2024 that Magistrates' Courts lack jurisdiction over adverse possession, but this authority is not identified by name and is not among the authorities the court itself adopted
Typographical errors in the judgment, including 'heard' rendered as 'heard' misspelt as 'heard' ('to heard and determine suits') and inconsistent spelling of names in the Sugawara case (Lepaso/Leposo, Kiruti/Kiroti)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lelei v Michuki (Sued As The Legal Representative Of The Estate Of The Late Dr Michuki Njuguna - Deceased) (Environment and Planning Miscellaneous Application E002 of 2025) [2025] KEELC 7079 (KLR)", Case Analysis (2025). Motion dated 2nd October 2025 (referring to transfer of Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS)). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7079/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.