Kiura v NRS Sacco Society & another (Environment and Land Case E191 of 2025) [2026] KEELC 5037 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a bid to strike out a tenancy suit, confirming that objections requiring evidence are not pure points of law.
What this practically means
#Executive summary
#Key legal issues
#Whether the Co-operative Tribunal has exclusive jurisdiction over the dispute under section 76(1) of the Co-operative Societies Act
No - the dispute arises from an alleged tenancy and threatened eviction, not from the business of the co-operative society
Section 81(1), relied on by the 2nd Defendant, governs appeals and does not define the Tribunal's original jurisdiction, which is conferred by section 76(1) and limited to disputes concerning the business of a co-operative society among members or between specified parties. The present dispute is a tenancy dispute; the society's status alone does not attract the Tribunal's jurisdiction.
Whether the suit is barred by res judicata by reason of Co-operative Tribunal Case No. CTC/E512/2023
The plea fails at the preliminary stage as it requires investigation of the record of the earlier suit
Section 7 of the Civil Procedure Act requires proof that the matter directly and substantially in issue is the same, the parties litigate under the same title, the former court was competent, and the matter was heard and finally determined. Ascertainment of these elements requires recourse to the record of the previous suit, which takes the plea outside a pure preliminary objection.
Whether the Business Premises Rent Tribunal and pecuniary jurisdiction objections are sustainable
No - both depend on facts not apparent on the face of the pleadings
The applicability of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act depends on considerations not apparent on the pleadings, and the value of the subject matter cannot be ascertained without evidence; jurisdiction cannot rest on conjecture. Both inquiries are incompatible with a preliminary objection.
Whether the Plaintiff lacks locus standi and whether the suit is an abuse of process or vitiated by non-disclosure
These are questions going to the merits, not amenable to preliminary determination
The Plaintiff sues as tenant seeking to vindicate rights under a tenancy agreement; whether the 2nd Defendant could lawfully issue the vacation notice requires examination of the agreement and surrounding facts. Claims of defect, abuse of process and non-disclosure require examination of pleadings, facts and judicial discretion, and are not pure points of law.
Legal principles established
#- A valid preliminary objection must raise a pure question of law, proceed on the assumption that pleaded facts are correct, and require neither ascertainment of disputed facts nor exercise of judicial discretion.
- Form must yield to substance: an objection is not transformed into a preliminary objection merely because it is so described.
- The Co-operative Tribunal's jurisdiction under section 76(1) of the Co-operative Societies Act is limited to disputes concerning the business of a co-operative society and to the parties expressly contemplated by statute; the mere fact a party is a co-operative society does not confer Tribunal jurisdiction.
- Where a jurisdictional fact such as the value of the subject matter is not apparent from the pleadings, a preliminary objection on pecuniary jurisdiction cannot be sustained.
Court orders
#- 1.The Preliminary Objection dated 22nd October 2025 is dismissed
- 2.Costs of the preliminary objection to the Plaintiff
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court) - the judgment does not expressly invoke it; jurisdiction contested under the Co-operative Societies Act and Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiura v NRS Sacco Society & another (Environment and Land Case E191 of 2025) [2026] KEELC 5037 (KLR)", Case Analysis (2026). ELC No. E191 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5037/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.