Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear lease disputes involving rent collection and eviction, dismissing the defendants' attempt to strike out the case.
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 preliminary objection meets the threshold of a pure point of law under the Mukisa Biscuit principles
- 2.Whether the dispute is purely commercial and outside the jurisdiction of the Environment and Land Court
Key legal issues
#Jurisdiction of the ELC over disputes with contractual and land elements
The dispute, involving trespass, eviction, possession and collection of rent from houses on leased land, falls within ELC jurisdiction under Article 162(2)(b) and section 13 of the ELC Act
The court distinguished mortgage/charge cases (Patrick Kangethe, Bank of Africa) because a lease confers exclusive possession unlike a charge. The defendants failed to deliver possession of the 56 rental units and are collecting rent, amounting to trespass. The dispute is not purely commercial since it embraces unlawful possession of land, squarely within section 13.
Whether the preliminary objection met the Mukisa Biscuit threshold
It did not, because contested facts exist as to the real issues in dispute
A preliminary objection must raise a pure point of law on assumed pleaded facts without calling for factual ascertainment or judicial discretion. Here, the parties dispute the nature of their obligations under the lease and construction agreement, so jurisdiction cannot be determined on a pure point of law.
Legal principles established
#- A preliminary objection must be founded on a pure point of law arising from the pleadings, not requiring ascertainment of contested facts or exercise of judicial discretion
- Where contested facts exist as to the issues in dispute, a preliminary objection cannot stand
- The ELC has jurisdiction over contracts in the context of land matters where possession and eviction are concerned
Court orders
#- 1.The Preliminary Objection dated 18th June 2025 is dismissed
- 2.Costs of the Preliminary Objection to the Plaintiff
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 of Kenya, 2010 and Section 13 of the Environment and Land Court Act, 2011
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 view of the foregoing, the Preliminary objection lacks merit and it is hereby dismissed with cost to the Plaintiff.
This is not a purely commercial dispute as argued by counsel for the Defendants as it involves both a contract and issues of unlawful possession and/or constructive occupation of the suit property by the Defendants
This court has jurisdiction to deal with contracts in the context of land matters especially where possession and eviction are concerned such as the instant suit.
Issues in the judgment
#Internal date inconsistency: submissions are dated 10th November 2025 and the ruling is stated to be delivered on 17th July 2026, yet the case number and header indicate 2025 and the ruling is described as a 2025 matter; the delivery year 2026 appears anomalous
Judgment describes counsel for the Defendants inconsistently as 'learned counsel for the Defendants... his submissions' and later 'It is her submission'
Paragraph 24 states the plaintiff constructed the rental units, contradicting paragraph 5 which states the 1st Defendant was awarded the construction contract and completed the units
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR)", Case Analysis (2026). ELC CASE NO. E101 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4626/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.