Murabula (Suing as the Personal Representative of the Estate Agnes Matendechere Ubulamire and on his own behalf) v Mabwabo & 3 others (Succession Appeal E013 of 2025) [2025] KEHC 13712 (KLR) (3 October 2025) (Ruling)
Neutral citation:
[2025] KEHC 13712 (KLR)
Republic of Kenya
Succession Appeal E013 of 2025
S Mbungi, J
October 3, 2025
Between
Francis Wetukha Murabula (Suing as the Personal Representative of the Estate Agnes Matendechere Ubulamire and on his own behalf)
Appellant
and
Dancan Kizito Mabwabo
1st Respondent
Chief Land Registrar, Kakamega
2nd Respondent
Chief, Imanga Location
3rd Respondent
Assistant Chief, Bulanda Sub – Location
4th Respondent
Ruling
1.The Applicant vide a Notice of Motion dated 04/09/2025 seeks for the following orders:-a.Spent…b.That pending the hearing and determination of this application, there be a stay of the taxation proceedings of the 1st Respondents bill of costs dated 25/04/2025 in MCELC/28/2023 Francis Wetukha Murabula v Dancan Kizito Mabwabo And 3 Others.c.That pending the hearing and determination of this application, there be a stay of proceedings in MCELC/28/2023 Francis Wetukha Murabula v Dancan Kizito Mabwabo And 3 Others.d.That pending the hearing and determination of the appeal, there be a stay of the taxation proceedings of the 1st Respondents bill of costs dated 25/04/2025 in MCELC/28/2023 Francis Wetukha Murabula v Dancan Kizito Mabwabo And 3 Others.e.That pending the hearing and determination of the appeal, there be a stay of proceedings in MCELC/28/2023 Francis Wetukha Murabula v Dancan Kizito Mabwabo And 3 Others.f.Any other orders that the court may deem fit.g.That costs of this application be provided.
2.The application is based on the grounds on the dace of it and on the supporting Affidavit of Francis Wetukha Murabula.
3.On the 18/09/2025 when the matter cane before the court, the court directed parties to file written submissions on whether this Honourable Court has the jurisdiction to hear, admit and entertain this suit.
4.The parties have filed submissions , I have looked at them.
Determination
5.I have looked at the copy of handwritten judgment Appealed against.Butere Mcelc/28/2023 Francis Wetukha Murabula v Dancan Kizito Mabwabo And 3 Others .
6.In paragraph 1, it states :-
7.I have also looked at the Memorandum of Appeal dated 14/04/2025, the Appellant seeks the following reliefs and or orders from this Honourable Court: -The judgement of Hon. E. Wasike delivered on the 18/03/2025 be set aside entirely anda.The Respondents Defence dated 20/07/2022 and 09/02/2022 respectively be dismissed.b.In its place, this Honourable court allow the prayers in the Plaint dated 03/09/2021 as prayed.c.The Appellant be granted costs of this Appeal and the costs in the trial court.
Dated at Nairobi this 14/04/2025.”
8.It is a well settled principle of law that a court of law can only exercise jurisdiction as conferred by the Constitution or other written law.
9.Article 165 (5) Of the Constitution provides that the High Court shall not have jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated in Article 162 (2)Article 162 (2) (b) of the Constitution provides.
10.Section 13 of the Environment and Land Court Act provides
11.A perusal of the judgement of the lower court and the Memorandum of Appeal and in light of the provisions of Article 165 (5) (b) of the Constitution, Article 162 (2) (b), of the Constitution and Section 13 of the Environment and Land Court Act it is clear that a claim for use and occupation of, and title to, land falls within the exclusive jurisdiction of the Environment and Land Court. Therefore this Court lacks jurisdiction to hear, admit and entertain this Application and also the Appeal.
12.The Application and the Appeal is hereby struck off for want of jurisdiction.
13.No Orders as to costs for the Application and the Appeal had not been Argued.
DATED SIGNED, AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 3 RD DAY OF OCTOBER, 2025. S.N. MBUNGI JUDGE In The Presence of;CA: Angong’aMs Awuor for the Appellant present online.Mr. Juma for the 2 nd ,3 rd and 4 th Respondent present online.