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MagistrateDismissedKEHANCHA SPMC CC NO. E057 OF 2024· [2026] KEMC 514 (KLR)

Maroa v Sukari Industries Ltd (Civil Case E057 of 2024) [2026] KEMC 514 (KLR)

Senior Principal Magistrate's Court at Kehancha
14 August 2026
JNJ.P. Nandi
769 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kehancha magistrate's court ruled it has no power to send a sugar dispute to arbitration; only the High Court can transfer such cases.

What this practically means

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Executive summary

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In this ruling, the Senior Principal Magistrate's Court at Kehancha determined an oral application made by counsel for the defendant under section 47 of the Sugar Act seeking transfer of the case (KEHANCHA SPMC CC NO. E057 OF 2024) to the Sugar Arbitration Disputes Tribunal. Plaintiff's counsel opposed, relying on sections 17 and 18 of the Civil Procedure Act, and submitted that the power to transfer matters lies with the High Court, not the subordinate court, and that the defendant should approach the appropriate forum. The court framed a single issue: whether it had jurisdiction to transfer the case to the Tribunal. Relying on section 18 of the Civil Procedure Act, which vests the power to withdraw and transfer suits from subordinate courts in the High Court, and on Julius Lekuruito v Nottingham Mwangi, the court noted that section 17 covers suits that could be instituted in two or more courts while section 18 confers a general transfer power on the High Court. Invoking the Supreme Court's decision in Samuel Kamau Macharia v Kenya Commercial Bank on jurisdiction flowing only from the Constitution or legislation, the court held that a subordinate court has no power to transfer suits. It found the applicant had not satisfied the requirements and dismissed the application for want of jurisdiction, observing that transfer is a preserve of the High Court. No costs order was made and the parties' names are not disclosed in the ruling.

Key legal issues

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Jurisdiction of a subordinate court to transfer a case to the Sugar Arbitration Disputes Tribunal

Holding

The subordinate court lacks jurisdiction; transfer powers under sections 17 and 18 of the Civil Procedure Act belong to the High Court

Reasoning

Section 18 of the Civil Procedure Act empowers the High Court, on application by a party or on its own motion, to withdraw and transfer suits between courts. Section 17 covers suits capable of being instituted in two or more courts. A court's jurisdiction flows only from the Constitution or legislation (as per the Supreme Court in Samuel Kamau Macharia), and the subordinate court has no such transfer power. The defendant should approach the High Court.

p. 3

Legal principles established

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  • The power to withdraw and transfer a suit instituted in a subordinate court under sections 17 and 18 of the Civil Procedure Act vests exclusively in the High Court, not in a subordinate court

Court orders

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  1. 1.The defendant's oral application under Sugar Act section 47 for transfer of the case to the Sugar Arbitration Tribunal is dismissed for want of jurisdiction
Jurisdiction invoked
Section 18 of the Civil Procedure Act (and Sugar Act section 47, invoked by the defendant)

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, "Maroa v Sukari Industries Ltd (Civil Case E057 of 2024) [2026] KEMC 514 (KLR)", Case Analysis (2026). KEHANCHA SPMC CC NO. E057 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/514/eng@2026-08-14

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