Mwale v Tunguya (Environment and Land Petition E001 of 2025) [2026] KEELC 5357 (KLR)

Mwale v Tunguya (Environment and Land Petition E001 of 2025) [2026] KEELC 5357 (KLR) (24 August 2026) (Ruling) Neutral citation: [2026] KEELC 5357 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND PETITION E001 OF 2025 GMA ONGONDO, J AUGUST 24, 2026 BETWEEN JOSIAH MWALE ................................................................................................. CITOR AND DAVID TUNGUYA .............................................................................................. CITEE RULING 1. The Citor, Josiah Mwale who appears in person commenced a citation to accept or refuse letter of administration intestate in respect of the estate of Loice Matendechero (deceased herein) who was the registered owner of Land parcel number Nandi/Koibarak B/593, among other properties. 2. The present matter is a Citation Cause dated 24th February 2025 pertaining to the estate of the Deceased. The Citor’s afidavit of 12 paragraphs sworn on even date, is in support of it. 3. It is noteworthy that the source of jurisdiction of this Honourable Court is Article 162 (2) (b) of the Constitution of Kenya 2010 as read with section 13 of the Environment and Land Court 2015 (2011). 4. A court must down its tools the moment it realizes it lacks jurisdiction over the matter in dispute as noted in Owners of the Motor Vessel ‘Lillian S’ vs Caltex Oil (Kenya) Ltd {1989} KECA 48 (KLR) where the Court of Appeal remarked; “ Jurisdiction is everything. Without it a court has no power to make one more step………..’ 5. Further, it is trite law that lack of jurisdiction renders a court’s decision void; see Republic vs Karisa Chengo & 2 others {2017} KESC 15 (KLR). 6. Clearly, the citation cause in form of the present petition was filed in this court which is devoid of jurisdiction over the same. 7. In the premises, the instant petition is hereby struck out in entirety with no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5357/eng@2026-08-24 1

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