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ELCOtherELC CASE NO. E101 OF 2025

Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR)

Environment and Land Court
17 July 2026
2,406 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Plaintiff filed a Notice of Motion dated 5th June 2025 in the Environment and Land Court at Thika seeking temporary injunctions to restrain the Defendants from trespassing on and occupying land title number KABETE/KIBICHIKO/2330, to compel delivery of vacant possession of 56 rental units constructed on the property, and to stop the 3rd Defendant from remitting rental income to the 1st and 2nd Defendants. The Plaintiff's claim rests on a 22-year lease entered into in June 2022 and a construction contract awarded to the 1st Defendant at a cost of Kshs. 32,984,000; upon completion, the Defendants allegedly refused to hand over possession and began collecting rent. The Defendants filed a Notice of Preliminary Objection dated 18th June 2025 contending that the dispute is purely commercial, concerning breach of a construction agreement and non-payment of contractual sums, and that the court lacks jurisdiction under Article 162(2) of the Constitution and section 13 of the ELC Act; they sought striking out of the suit. Applying the Mukisa Biscuit test as reaffirmed by the Supreme Court in Tullow Oil, and the Owners of the Motor Vessel 'Lillian S' dictum on jurisdiction, the court held that the dispute is not purely commercial: it involves trespass, unlawful possession, eviction and collection of rent from leased land, matters squarely within ELC jurisdiction. The court distinguished the mortgage/charge authorities relied on by the Defendants, since a lease confers exclusive possession. Finding contested facts, the court held the objection failed the Mukisa Biscuit threshold and dismissed it with costs to the Plaintiff. The interlocutory application and the main suit now proceed to full hearing.

Questions the Court framed

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

  1. 1.Whether the preliminary objection meets the threshold of a pure point of law under the Mukisa Biscuit principles
  2. 2.Whether the dispute is purely commercial and outside the jurisdiction of the Environment and Land Court

Key legal issues

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01

Jurisdiction of the ELC over disputes with contractual and land elements

Holding

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

Reasoning

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.

p. 10
02

Whether the preliminary objection met the Mukisa Biscuit threshold

Holding

It did not, because contested facts exist as to the real issues in dispute

Reasoning

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.

p. 10

Legal principles established

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  • 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

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  1. 1.The Preliminary Objection dated 18th June 2025 is dismissed
  2. 2.Costs of the Preliminary Objection to the Plaintiff

The bench

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

majority

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

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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.

In view of the foregoing, the Preliminary objection lacks merit and it is hereby dismissed with cost to the Plaintiff.
p. 11Final orders - dismissal of preliminary objection with costs
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
p. 10ELC jurisdiction over mixed contract and land disputes
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.
p. 10Scope of ELC jurisdiction over land contracts

Issues in the judgment

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minor

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

minor

Judgment describes counsel for the Defendants inconsistently as 'learned counsel for the Defendants... his submissions' and later 'It is her submission'

minor

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

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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, "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.