Analo v Shinali (Sued on behalf of the Estate of Rajiko Okwaro Isack) (Environment and Land Miscellaneous Case E023 of 2025) [2026] KEELC 696 (KLR)
The bottom line
#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 applicant deserves the orders sought, namely transfer of Butere MC ELC No. E046 of 2022 (OS) to the Environment and Land Court
Key legal issues
#Whether the adverse possession suit filed in the Magistrates Court, whose jurisdiction was subsequently ousted by the Court of Appeal's decision in Sugawara, should be transferred to the ELC rather than dismissed
The suit was competently filed when Magistrates Courts had jurisdiction per Patrick Ndegwa Munyua; the subsequent Sugawara decision removed that jurisdiction, and in the interests of justice under Section 1A of the Civil Procedure Act the suit should be transferred to the ELC, not dismissed.
The court traced the conflicting ELC decisions on magistrates' jurisdiction over adverse possession claims, noting that at the time of filing, jurisdiction existed per Patrick Ndegwa Munyua. The Court of Appeal's October 2024 decision in Sugawara settled the law by ousting magistrates' jurisdiction. Since jurisdiction was valid at filing, the preliminary objection lacked justification. Guided by Section 1A's overriding objective, transfer was just, fair and expeditious.
Legal principles established
#- The Environment and Land Court has jurisdiction under section 18(1)(b)(i) of the Civil Procedure Act to transfer a suit from the Magistrates Court to itself
- A suit filed when the Magistrates Court had jurisdiction is not defeated by a subsequent removal of that jurisdiction; transfer rather than dismissal is the just course
Court orders
#- 1.Butere MC ELC CASE No. E046 of 2022 (OS) transferred from the Magistrates Court at Butere to the Environment and Land Court for hearing and determination
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 18(1)(b)(i) of the Civil Procedure Act; Section 38(1) of the Limitation of Actions Act
Relief refused
#Costs of the application
The court made no order as to costs
Costs
No order as to costs - each party to bear their own costs
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.
Consequently, Butere MC ELC CASE No. E046 of 2022 (OS) is hereby transferred from the Magistrates Court at Butere to this court for hearing and determination. I make no order as to costs.
It is so ordered.
The Magistrates court’s jurisdiction having been taken away by the decision in the Sugawara case, in view of provisions of Section 1A of the Civil Procedure Act, and the circumstances of this case I find that it is only just, fair, expeditious and afiordable to the parties that the suit in Butere is transferred to this court for hearing and determination.
Issues in the judgment
#Submissions by the respondent dated 10th November 2022 predate the application of 4th April 2025 they purport to support, an apparent date error
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Analo v Shinali (Sued on behalf of the Estate of Rajiko Okwaro Isack) (Environment and Land Miscellaneous Case E023 of 2025) [2026] KEELC 696 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/696/eng@2026-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.