'I have considered the application dated 18th July 2025 by the Applicant. I note that the main prayer in the application is for leave of this court for the Applicant to institute a suit at the Magistrates’ Court against the Respondent in view of the fact that the subject matter of dispute is a sum of Kshs.2,059,691.17/-
It is settled law that jurisdiction is only conferred by Statute and/or the Constitution. Parties cannot, by their agreement, confer jurisdiction on a court. It is therefore irrelevant that parties by their agreement giving rise to these proceedings, contracted that any dispute arising therefrom would be referred to the High Court.
Given the fact that the amount involved is a sum of Kshs.2,059,691.17/- the proper forum for the dispute is the Magistrates’ Court. No leave is therefore required. Section 7 of the Magistrate’s Court Act provides as follows on the pecuniary jurisdiction of a magistrate’s court:-
“(1) A magistrate''s court shall have and exercise such jurisdiction and powers
in proceedings of a civil nature in which the value of the subject matter does not exceed—
(a) twenty million shillings, where the court is presided over by a chief
magistrate;
(b) fifteen million shillings, where the court is presided over by a senior
principal magistrate;
(c) ten million shillings, where the court is presided over by a principal
magistrate;
(d) seven million shillings, where the court is presided over by a senior
resident magistrate; or
(e) five million shillings, where the court is presided over by a resident
magistrate.”
Consequently, the application dated 18th July 2025 is hereby dismissed with no order as to the costs since the Respondent did not participate in these proceedings.
It is hereby ordered.
This file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF OCTOBER 2025
ADO MOSES
JUDGE
In the presence of: -
C/A – Moses
Ms. Omala…………..for the Plaintiff/Applicant
'
It is settled law that jurisdiction is only conferred by Statute and/or the Constitution. Parties cannot, by their agreement, confer jurisdiction on a court. It is therefore irrelevant that parties by their agreement giving rise to these proceedings, contracted that any dispute arising therefrom would be referred to the High Court.
Given the fact that the amount involved is a sum of Kshs.2,059,691.17/- the proper forum for the dispute is the Magistrates’ Court. No leave is therefore required. Section 7 of the Magistrate’s Court Act provides as follows on the pecuniary jurisdiction of a magistrate’s court:-
“(1) A magistrate''s court shall have and exercise such jurisdiction and powers
in proceedings of a civil nature in which the value of the subject matter does not exceed—
(a) twenty million shillings, where the court is presided over by a chief
magistrate;
(b) fifteen million shillings, where the court is presided over by a senior
principal magistrate;
(c) ten million shillings, where the court is presided over by a principal
magistrate;
(d) seven million shillings, where the court is presided over by a senior
resident magistrate; or
(e) five million shillings, where the court is presided over by a resident
magistrate.”
Consequently, the application dated 18th July 2025 is hereby dismissed with no order as to the costs since the Respondent did not participate in these proceedings.
It is hereby ordered.
This file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF OCTOBER 2025
ADO MOSES
JUDGE
In the presence of: -
C/A – Moses
Ms. Omala…………..for the Plaintiff/Applicant
'