1. Before this Court is an application seeking an order that this matter be transferred to the Hamisi Principal Magistrate's Court for hearing and determination pursuant to Section 18 of the Civil Procedure Act.
2. The applicant states that on 26th January 2026, this Court delivered a judgement where the Hon Judge ordered that suit proceed to hearing before a different judicial officer other than Hon J.A Ogonda, SPM, who handled the matter. The judgement related to an appeal from an interlocutory ruling.
3. It is further urged that there is only one other Environment and Land Court available within the station and that the said court is heavily burdened with pending matters. The applicant further states that the suit property, namely LR No. NORTH MARAGOLI/BUGINA/1005 is situated within Sabatia Sub-County, which falls within the territorial jurisdiction of the Hamisi Principal Magistrate's Court.
4. The applicant therefore prays that this Court invokes its powers under Section 18 of the Civil Procedure Act and transfers the matter to Hamisi Principal Magistrate's Court for hearing and determination.
Analysis and Determination
5. Section 18(1)(b) of the Civil Procedure Act grants this Court power, either on application by a party or on its own motion, to withdraw any suit pending before it and transfer the same to a subordinate court competent to hear and determine it.
6. The power to transfer proceedings is discretionary and must be exercised judiciously and in furtherance of the overriding objective of the Civil Procedure Act, namely the just, expeditious, proportionate and affordable resolution of disputes.
7. In determining whether to order a transfer, the court considers, among other factors:
a) the competence and jurisdiction of the receiving court;
b) the convenience of the parties and witnesses;
c) the location of the subject property;
d) the efficient use of judicial resources; and
e) the need to avoid undue delay in the disposal of disputes.
8. The court has considered the material placed before it. It is not disputed that the suit property is situated within Sabatia Sub-County and falls within the territorial jurisdiction of Hamisi Principal Magistrate's Court.
9. The court further takes judicial notice that the Magistrates' Courts have jurisdiction to hear and determine environment and land disputes within the pecuniary limits prescribed under Section 26 of the Environment and Land Court Act and Section 9 of the Magistrates' Courts Act.
10. The court is also satisfied that transferring the matter would facilitate the expeditious disposal of the suit, promote access to justice and ease the administrative challenges occasioned by the earlier directions requiring the matter to be heard by a different judicial officer.
11. No prejudice has been demonstrated that would be suffered by any party if the transfer is allowed.
12. The court is therefore satisfied that this is an appropriate case for the exercise of its discretion under Section 18 of the Civil Procedure Act.
Orders
13. Consequently, the Court makes the following orders:
a) This suit is hereby withdrawn from the Environment and Land Court at Vihiga and transferred to the Hamisi Principal Magistrate's Court for hearing and determination.
b) The Deputy Registrar shall forthwith transmit the original court file and all pleadings to the Hamisi Principal Magistrate's Court.
c) The parties shall appear before the Principal Magistrate, Hamisi Law Courts, on a date to be fixed by that court for directions.
Ruling, dated and signed at Vihiga and read virtually this 18TH DAY OF JUNE, through Microsoft Teams online application.
HON. JUSTICE P. MUSYIMI
JUDGE