Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedKakamega CM ELC Case No. 248 of 2023 (OS) - Notice of Motion dated 7th March 2025

Munialo & 3 others v Olodo (Environment and Land Miscellaneous Case E014 of 2025) [2026] KEELC 1615 (KLR)

Environment and Land Court
4 March 2026
1,238 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that an adverse possession case filed when magistrates had jurisdiction remains valid and was moved to the Environment and Land Court.

What this practically means

#

Executive summary

#
The applicants moved the Environment and Land Court at Kakamega by Notice of Motion dated 7th March 2025 seeking withdrawal of Kakamega MC ELC No. 248 of 2023 (OS), a pending adverse possession claim, from the Chief Magistrates Court to the ELC for hearing and determination, plus costs. The application was supported by the 2nd applicant's affidavit. The respondent opposed, arguing he had raised a preliminary objection on jurisdiction; that the suit was filed in a court without jurisdiction and was thus a nullity which could not be transferred; and that the applicants had failed to transfer the suit within 30 days as ordered by the trial court on 12th February 2025. In rejoinder, the applicants maintained that when the suit was filed the Magistrates Court had jurisdiction, and that this application was filed within the 30-day period. The court identified a single issue: whether the applicants deserved the orders sought. Relying on section 18(1)(b)(i) of the Civil Procedure Act, the court confirmed its power to transfer suits. It noted conflicting ELC authorities on Magistrates' jurisdiction over adverse possession, resolved by the Court of Appeal's October 2024 Sugawara decision ousting such jurisdiction. Since the suit was filed in 2023 when the Patrick Ndegwa Munyua line of authority upheld Magistrates' jurisdiction, the suit was not a nullity. The application was filed within time. The court allowed the application, withdrew and transferred the suit to the ELC, and made no order as to costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants deserve the orders sought, namely withdrawal and transfer of Kakamega CM ELC Case No. 248 of 2023 (OS) from the Magistrates Court to the Environment and Land Court

Key legal issues

#
01

Whether the Magistrates Court had jurisdiction over the adverse possession suit at the time of filing, and whether the ELC can transfer it

Holding

The application was allowed. When the suit was filed in 2023, the prevailing ELC decision (Patrick Ndegwa Munyua) supported Magistrates Courts' jurisdiction over adverse possession claims; the Court of Appeal's October 2024 Sugawara decision later ousted that jurisdiction. The suit was therefore not a nullity and was properly withdrawn from the lower court and transferred to the ELC under section 18(1)(b)(i) of the Civil Procedure Act.

Reasoning

The court relied on section 18(1)(b)(i) of the Civil Procedure Act as the source of its power to transfer. It acknowledged conflicting ELC decisions on Magistrates' jurisdiction over adverse possession, noting that the Court of Appeal settled the matter in Sugawara in October 2024. Because the suit was filed in 2023 when the Patrick Ndegwa line of authority held that Magistrates Courts had jurisdiction, the suit was validly instituted. The Sugawara decision ousting jurisdiction made transfer under section 1A of the Civil Procedure Act just, fair, expeditious and affordable.

p. 3
02

Whether the application was filed out of time contrary to the lower court's 12th February 2025 order granting 30 days to transfer the suit

Holding

The court held the application was filed within time, on 7th March 2025, within the 30-day period granted by the lower court.

Reasoning

The respondent argued that the trial court gave the applicants 30 days on 12th February 2025 to transfer the suit failing which it would stand dismissed, and that the application was late. The court found the application dated and filed 7th March 2025, which fell within the 30-day period, rendering the respondent's objections unjustified. The court also noted the suit was stayed at a mention on 12th March 2025 pending the outcome of this application.

p. 3

Legal principles established

#
  • Lower courts are bound by decisions of higher courts under the doctrine of stare decisis; a decision of a higher court on jurisdiction binds lower courts
  • A suit filed in the Magistrates Court when it had jurisdiction to determine adverse possession claims (before the Court of Appeal's Sugawara decision) is valid and may be transferred to the Environment and Land Court

Court orders

#
  1. 1.Kakamega CM ELC Case No. 248 of 2023 (O.S) is withdrawn from Kakamega Chief Magistrates Court and transferred to the Environment and Land Court for hearing and determination
  2. 2.No order as to costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 18(1)(b)(i) of the Civil Procedure Act

Relief refused

#

Costs of the application

The court made no order as to costs despite the applicants seeking costs

p. 3

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, Kakamega CM ELC Case No. 248 OF 2023 (O.S) is hereby withdrawn from Kakamega Chief Magistrates Court and transferred to this court for hearing and determination. I make no order as to costs.
p. 3final orders - transfer of suit and costs
Ours is a jurisdiction governed by the doctrine of stare decisis, which means that lower courts are bound by decisions of higher courts.
p. 3stare decisis
the decision in the Patrick Ndegwa case had the force of law between 2020 and 2024 and the applicants did not ofiend the law by filing their counterclaim in the lower court.
p. 3validity of suit filed when Magistrates Court had jurisdiction
It is so ordered.
p. 3disposition

Issues in the judgment

#
minor

The judgment refers to the applicants filing a 'counterclaim' in the lower court, although the suit transferred is an Originating Summons for adverse possession

minor

The respondent's pleading is inconsistently described; paragraph 7 says 'the preliminary objection by the applicant was filed in January 2025' though the objection was the respondent's

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Munialo & 3 others v Olodo (Environment and Land Miscellaneous Case E014 of 2025) [2026] KEELC 1615 (KLR)", Case Analysis (2026). Kakamega CM ELC Case No. 248 of 2023 (OS) - Notice of Motion dated 7th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1615/eng@2026-03-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.