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ELCPartially AllowedOmnibus Application dated 25/04/2025 (in relation to Ruiru CMCC No. E084 of 2025)

Gachihi & another v ATC Kenya Operations Ltd & 2 others (Environment and Land Miscellaneous Case E032 of 2025) [2026] KEELC 4548 (KLR)

Environment and Land Court of Kenya
13 July 2026
MOMogeni
1,731 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court paused a Ruiru land case because duelling valuations raised real doubt over whether the Magistrate's Court had jurisdiction.

What this practically means

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Executive summary

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The Applicants, plaintiffs in a trespass suit against the Respondents pending before the Ruiru Chief Magistrate's Court (CMCC No. E084 of 2025), moved the Environment and Land Court at Thika by notice of motion under Order 42 Rule 6 and Order 51 of the Civil Procedure Rules and Sections 1A, 1B, 3 and 3A of the Civil Procedure Act. They sought a stay of all proceedings in the lower Court, including a Ruling scheduled for 20/08/2025, pending determination of their earlier application dated 25/04/2025 seeking transfer of the suit to the ELC at Thika. The transfer application was prompted by the 1st Respondent's application to dismiss the suit for want of jurisdiction under Section 7 of the Magistrates' Courts Act, supported by a valuation of the suit property at Kshs 45,500,000, while the Applicants' competing valuation placed it at Kshs 13,073,358.84. The 1st Respondent opposed the motion as frivolous and an abuse of process; the 3rd Respondent filed submissions. The Court framed the issue as whether the Applicants had met the threshold for a stay, involving a dual inquiry into the prima facie case for transfer on pecuniary jurisdiction and whether the lower Court's ruling would render the transfer application nugatory. Relying on Global Videotext, Samuel Kamau Macharia and Reliable Electrical Engineers, the Court found a genuine dispute as to pecuniary jurisdiction and granted a stay of all activities in Ruiru CMCC No. E084 of 2025 pending determination of the transfer application, which was directed to be mentioned on 22/07/2026 for disposal on priority. Costs were made to abide the outcome of the transfer application.

Questions the Court framed

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

  1. 1.Whether the Applicants have satisfied the threshold for the grant of a stay of proceedings in Ruiru CMCC No. E084 of 2025 pending the determination of their transfer application
  2. 2.Whether there is a prima facie case for the transfer of the suit to the Environment and Land Court based on pecuniary jurisdiction
  3. 3.Whether the delivery of the scheduled Ruling in the lower Court would render the Court's ultimate decision on transfer nugatory

Key legal issues

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01

Whether to stay proceedings in Ruiru CMCC No. E084 of 2025 pending determination of the transfer application to the ELC

Holding

Stay granted; there is a genuine dispute over the Magistrate's Court's pecuniary jurisdiction and delivery of the Ruling could render the transfer application moot

Reasoning

The Court found conflicting valuation reports (Kshs 45,500,000 versus Kshs 13,073,358.84) raising a substantial question as to whether the Magistrates' Court's statutory pecuniary limit under Section 7 of the Magistrates' Courts Act is ousted. If the lower Court ruled on jurisdiction before the transfer application was decided, the Applicants' suit risked total dismissal, mooting the transfer application. The conflicting valuations suggested a substantial question requiring the ELC's intervention to preserve the integrity of the judicial process. Stay granted to preserve the substratum of the transfer application.

p. 4

Legal principles established

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  • The power to stay proceedings is discretionary and must be exercised judicially to ensure the ends of justice are met and that a pending application is not rendered academic
  • A Court's jurisdiction flows from the Constitution or legislation and it cannot arrogate to itself jurisdiction exceeding that conferred by law
  • Where proceedings in a lower Court would destroy the substratum of a pending application, a stay may properly be granted

Court orders

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  1. 1.An Order of Stay of Proceedings issued in respect of Ruiru Chief Magistrate's Court, Civil Suit No. E084 of 2025, staying all activities including the delivery of the Ruling scheduled for 20/08/2025
  2. 2.The stay to remain in force pending the hearing and final determination of the Application dated 25/04/2025 for transfer of the file to the Environment and Land Court at Thika
  3. 3.The Application for Transfer dated 25/04/2025 to be mentioned on 22/07/2026 for disposal on priority
  4. 4.Costs of the application to abide the outcome of the Transfer Application

The bench

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

MO
majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 and Order 51 of the Civil Procedure Rules, 2010; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Section 7 of the Magistrates' Courts Act (pecuniary jurisdiction)

Relief refused

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Costs of the application provided for/awarded to the Applicants

The Court directed that costs await the outcome of the transfer application rather than awarding them forthwith

p. 4

Costs

Costs of this application shall abide the outcome of the Transfer Application.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

An Order of Stay of Proceedings is hereby issued in respect of Ruiru Chief Magistrate's Court, Civil Suit No. E084 of 2025, staying all activities including the delivery of the Ruling which was scheduled for 20/08/2025.
p. 4Final orders - stay of proceedings
The said stay shall remain in force pending the hearing and final determination of the Application dated 25/04/2025 for the transfer of the file to the Environment and Land Court at Thika.
p. 4Duration of stay
While the 1st Respondent characterizes the Motion as frivolous and vexatious, the conflicting valuation reports suggest a substantial question of law that requires the ELC's intervention to preserve the integrity of the judicial process
p. 4Reasons for intervention
The power to stay proceedings is a discretionary one and must be exercised judicially and with a view to ensuring that the ends of justice are met.
p. 3Discretionary nature of stay of proceedings

Issues in the judgment

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minor

Internal date inconsistency: the Ruling was scheduled for 20/08/2025 and the replying affidavit sworn 22/08/2025, yet the judgment recites the stay as covering a Ruling 'scheduled for 20/08/2025' and the matter is delivered on 13 July 2026, with the transfer application set for mention only on 22/07/2026 - a considerable delay unexplained in the judgment.

minor

Submissions dated 9/01/2026 predate judgment of 13/07/2026 but post-date the scheduled ruling date of 20/08/2025, and the chronology of when the stay took effect is unclear from the judgment.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Gachihi & another v ATC Kenya Operations Ltd & 2 others (Environment and Land Miscellaneous Case E032 of 2025) [2026] KEELC 4548 (KLR)", Case Analysis (2026). Omnibus Application dated 25/04/2025 (in relation to Ruiru CMCC No. E084 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4548/eng@2026-07-13

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