Credit Bank Limited v Kangethe & 2 others (Environment and Land Case 297 of 2018) [2026] KEELC 5228 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a debt-recovery suit, ruling it had no power to hear commercial loan claims and refusing to transfer the case.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over the amended plaint
The court lacks jurisdiction because the amended plaint abandoned land-based claims and now raises a purely commercial debt-recovery claim
The preliminary objection raised a pure question of law going to jurisdiction. The amended plaint abandoned claims founded on land title, use, occupation or interest in land, leaving only a commercial loan-recovery claim which the ELC has no mandate to adjudicate. Without jurisdiction, the court must down its tools.
Whether the suit should be transferred rather than dismissed
The court cannot transfer the suit; transfer of an incompetent suit filed in a court lacking jurisdiction is impermissible
Relying on Equity Bank Ltd v Bruce Mutie Mutuku and the Supreme Court in Mumba v Munyao (citing Kagenyi v Musiramo), the court held that an order transferring a suit cannot be made unless the suit was brought in the first instance to a court with jurisdiction. Transfer would sanctify an incompetent suit. The plaintiff was advised to consider filing a fresh suit in a court with jurisdiction.
Legal principles established
#- A suit filed in a court without jurisdiction is a nullity and cannot be transferred to a competent court; parties cannot confer jurisdiction by consent or invoke the overriding objective to cure the defect
Court orders
#- 1.The notice of preliminary objection dated 12th February 2026 is upheld
- 2.The amended plaint dated 2nd February 2026 is struck out with no order as to costs
- Jurisdiction invoked
- Environment and Land Court Act jurisdiction; objection under Civil Procedure Act framework (court determined it lacks jurisdiction over the purely commercial claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Credit Bank Limited v Kangethe & 2 others (Environment and Land Case 297 of 2018) [2026] KEELC 5228 (KLR)", Case Analysis (2026). ELC 297 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5228/eng@2026-08-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.