DIAMOND TRUST BANK (KENYA) LIMITED VS ALEX GIKONYO

I have considered the applicant's application dated 16 June 2025 filed under a certificate of urgency of even date. I am not satisfied that the application is urgent. In any event, except in aribtral clauses according to which parties in contract may refer their dispute to arbitration, a contract can neither deprive nor confer jurisdiction on a court of law. Jurisdiction flows from the constitution or statute, or both. As much as this Honourable Court has unlimited and original jurisdiction in both civil and criminal matters, there is no reason why the applicant's suit should be filed in this Honourable Court when its claim is within the pecuniary jurisdiction of the Magistrates' court. A term in a contract cannot override a statutory provision. For these reasons, I find the applicant's application to be superfluous. It is summarily dismissed.  Orders accordingly.