Ndoo & another (Suing as Legal Representatives and Administrators of the Estate of Johnson Kyai Ndoo - Deceased) v Kilonzo & 13 others (Environment and Land Case 23 of 2019) [2026] KEELC 484 (KLR)
The bottom line
#A Kenyan court refused to transfer a long-running land case to a cheaper magistrate's court, saying the property's full value was uncertain and another move would waste time.
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 suit should be transferred to Makindu Principal Magistrates Court
Key legal issues
#Whether the suit should be transferred to Makindu Principal Magistrates Court
Application dismissed. The value of the land together with unvalued improvements may exceed the magistrates' court's monetary jurisdiction, and a further transfer would delay a suit pending since 2012 that is certified ready for hearing.
The valuation report placed the land alone at Kshs.9,500,000/=, but the buildings and godowns on the 2.5-acre property were expressly not valued on the Applicant's counsel's instructions. The court could therefore not be satisfied the suit falls within the Principal Magistrate's Kshs.10,000,000/= monetary cap (or Kshs.15,000,000/= for a Senior Principal Magistrate). The suit had already been moved from Machakos to Nairobi to Makueni, delaying hearing; another transfer would occasion further delay contrary to the interest of justice.
Legal principles established
#- Where improvements on suit property were not valued, the aggregate value may exceed the monetary jurisdiction of the magistrates' court, defeating a transfer application based on valuation of land alone
- A transfer application in a long-pending suit certified ready for hearing may be refused in the interest of justice to avoid further delay
Court orders
#- 1.The Applicant's application seeking transfer of the suit to Makindu Principal Magistrates Court is dismissed
- 2.Costs of the application awarded to the Plaintiffs/Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction to transfer suits; application under notice of motion dated 4th September 2025 (no statutory provision cited)
Relief refused
#Transfer of the suit to Makindu Principal Magistrates Court
The value of the land together with improvements may exceed the Principal Magistrate's monetary jurisdiction, and transfer would cause further delay in a suit pending since 2012 already certified ready for hearing
Costs
Application 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.
the value of the land together with improvements may well be over the Kshs.10,000,000/= which is the monetary jurisdiction of the principal Magistrate
Even if there is a senior principal magistrate, the monetary jurisdiction is Kshs.15,000,000/=.
To transfer this matter again to Makindu when the same has been certified ready for hearing will cause further delay. In the interest of justice, the Applicants application is for dismissal.
Issues in the judgment
#Chronological inconsistency: replying affidavit described as sworn 27th October, 2023 while the application it opposes is dated 4th September, 2025
Further affidavit described as sworn 13th October, 2025 but appears after reference to submissions of 6th November, 2025 chronology
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndoo & another (Suing as Legal Representatives and Administrators of the Estate of Johnson Kyai Ndoo - Deceased) v Kilonzo & 13 others (Environment and Land Case 23 of 2019) [2026] KEELC 484 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/484/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.