CMN (Applying as the Mother and Trustee to IM – Minor) (Environment and Land Miscellaneous Application E004 of 2026) [2026] KEELC 2149 (KLR)
The bottom line
#The Environment and Land Court struck out a request to charge a minor's land because guardianship and children's matters belong in the Children's Court or High Court.
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 Environment and Land Court has jurisdiction over the dominant issues in the application, namely the appointment of a guardian for a minor under Section 122 of the Children's Act 2022 and authorisation to execute a charge under Section 48 of the Land Registration Act
- 2.Whether it is in the best interest of the minor to create a charge against a title held in the name of the minor
Key legal issues
#Jurisdiction of the Environment and Land Court over guardian appointment and charging of a minor's title
The ELC lacks jurisdiction; such matters belong to the Children's Court and the High Court
The ELC's jurisdiction is donated by Article 162(2)(b) and elaborated in Section 13 of the Environment and Land Court Act. The dominant questions — appointment of a guardian under Section 122 of the Children's Act 2022 and the best interests of a child in charging a minor's title — fall under the children's court framework under Sections 2, 90 and 122 of the Children's Act, or the High Court's original civil jurisdiction under Article 165(3)(a). The ELC has not been designated a children's court.
Legal principles established
#- A jurisdictional question must be disposed of before any other question in the matter is considered
- A court without jurisdiction must decline to act
Court orders
#- 1.The suit is struck out for want of jurisdiction on the part of the Environment and Land Court
- 2.Liberty to file a competent suit in a court seized of jurisdiction
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution read with Section 13 of the Environment and Land Court Act; the court expressly declined jurisdiction
Relief refused
#Order authorising the applicant to create a charge against the co-owned title
The court lacked jurisdiction as there is no Article 162(2)(b) dispute
Order authorising the applicant to execute the charge in place of the minor as the minor's guardian
Appointment of a guardian for a minor falls under the Children's Act framework, for the Children's Court and High Court, not the ELC
Costs
There will be no order as to 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.
The result is that this suit is hereby struck out for want of jurisdiction on part of the Environment and Land Court. There shall be liberty to file a competent suit in a court seized of jurisdiction. There will be no order as to costs.
In the absence of jurisdiction, the court will down its tools in tandem with the principle in Owners of the Motor Vessel “Lillian S" v Caltex Oil (Kenya) Ltd (supra).
General questions relating to the appointment of guardians in relation to children are governed by the framework in Section 122 of the Children’s Act 2022.
Issues in the judgment
#The date of registration of the suit property (11/1/2023) and the filing date (21/1/2026) are stated, but the suit number and neutral citation are absent from the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CMN (Applying as the Mother and Trustee to IM – Minor) (Environment and Land Miscellaneous Application E004 of 2026) [2026] KEELC 2149 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2149/eng@2026-04-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.