Mbala v Ambutsi & 3 others (Environment and Land Miscellaneous Case E050 of 2025) [2026] KEELC 4106 (KLR)
The bottom line
#Kenya's Environment and Land Court can transfer adverse possession cases filed in magistrates' courts to itself, even after a 2024 ruling stripped magistrates of that jurisdiction.
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 withdrawal of Kakamega CM ELC Case No. E254 of 2023 from the Chief Magistrates Court and its transfer to the Environment and Land Court
Key legal issues
#Jurisdiction of Magistrates' courts over adverse possession claims
The suit was filed in 2023, at a time when Magistrates' courts lawfully had jurisdiction over adverse possession claims, that position having held between 2020 and the Court of Appeal's October 2024 decision to the contrary
Section 38(1) of the Limitation of Actions Act grants the ELC jurisdiction over adverse possession claims. In Patrick Ndegwa Munyua v Benjamin Kiiru & Another [2020] KEELC 3911 (KLR), the ELC held that Magistrates' courts had jurisdiction over such claims. That position stood until the Court of Appeal in Pauline Chemuge Sugawara v Nairuko Ene Mutarakwa Kiritu & 4 Others, delivered in October 2024, held that Magistrates' courts have no such jurisdiction. Since the suit was filed in 2023, it was filed before a court with jurisdiction as at the date of filing.
Power to transfer suit from subordinate court to ELC
The ELC has power under section 18(1)(b)(i) of the Civil Procedure Act to transfer a matter from the lower court to itself
The court held that section 18(1)(b)(i) of the Civil Procedure Act vests in this court the jurisdiction to transfer a matter from the lower court to the ELC, and being satisfied the application was merited, allowed the transfer of the whole suit for hearing and determination.
Legal principles established
#- This court has the jurisdiction to transfer a matter from the lower court to this court, as provided for in section 18(1)(b)(i) of the Civil Procedure Act
Court orders
#- 1.Kakamega CM ELC Case No. 254 of 2023 is withdrawn from the Chief Magistrates Court and transferred to the Environment and Land Court, Kakamega for hearing and determination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
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.
In the result, Kakamega CM ELC CASE NO. 254 OF 2023 is hereby transferred from the lower court to this court for hearing and determination. I make no order as to costs.
The suit sought to be transferred was filed in 2023 hence it was filed before a court that had jurisdiction as of the date of filing.
Section 38 (1) of the Limitation of Actions Act grants the Environment and Land Court the jurisdiction to hear and determine claims of adverse possession.
Issues in the judgment
#The application is dated 13th June 2025 but the respondent's grounds of opposition are dated 24th February 2026 and replying affidavit 13th February 2026, and judgment delivered 1st July 2026; dates within the judgment appear internally inconsistent
The respondent's position and references to 1st and 2nd to 4th respondents in the attendance note are inconsistent with a two-party notice of motion
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbala v Ambutsi & 3 others (Environment and Land Miscellaneous Case E050 of 2025) [2026] KEELC 4106 (KLR)", Case Analysis (2026). Notice of Motion dated 13th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4106/eng@2026-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.