Kalani & 5 others v Katuse (Environment and Land Case Application E009 of 2025) [2026] KEELC 1196 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that adverse possession counterclaims filed in magistrates' courts before jurisdiction rules settled can be transferred, not struck out.
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 Makindu file should be transferred to this court
Key legal issues
#Whether the Makindu magistrates' court file should be transferred to the Environment and Land Court
Transfer allowed because the adverse possession counterclaim was filed when jurisdiction of magistrates' courts over such claims was unsettled, and the Court of Appeal later settled the position against such jurisdiction.
The court found the applicants demonstrated that at the time of filing their counterclaim there was divided opinion on whether magistrates' courts could entertain adverse possession claims. The Court of Appeal in Sugawara –vs- Kiruti later settled the matter, holding magistrates' courts lack jurisdiction. Since the law was unsettled when the counterclaim was filed, it could not be treated as a nullity incapable of transfer. The respondent's arguments on the 12-year period and absence of a specific prayer were held to be matters for the hearing, not for the transfer application.
Legal principles established
#- Where a counterclaim for adverse possession was filed in a magistrates' court when the law on the court's jurisdiction over such claims was unsettled, the counterclaim is not a nullity ab initio and may be transferred to the Environment and Land Court.
Court orders
#- 1.Transfer of Makindu Senior Principal Magistrates' Court MC ELC E004 of 2023 to the Environment and Land Court for hearing and disposal, as prayed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Discretion of the court to transfer suits for hearing and disposal (application for transfer of a magistrate's court file to the Environment and Land Court in the interest of justice)
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 therefore find that the Applicant’s application is well founded. I allow the same as prayed. It is so ordered.
It cannot therefore be argued that the counterclaim by the Applicants was a nullity ab initio which cannot be transferred
The Respondent’s argument that the Applicants had not satisfied the statutory period of 12 years or that there was no specific prayer for adverse possession is not a matter which can be addressed at this stage.
Issues in the judgment
#Judgment states it was delivered on 26th February, 2026 while the motion was dated 26th March, 2025 and submissions were filed in October and November 2025; internal chronology is consistent but the delivered date is nearly a year after filing.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalani & 5 others v Katuse (Environment and Land Case Application E009 of 2025) [2026] KEELC 1196 (KLR)", Case Analysis (2026). Notice of motion dated 26th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1196/eng@2026-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.