RULING
1. On the Application dated 18.11.2025 by the Defendant, it is true that at the time of filing this case, the area around Elgeyo Marakwet was under the jurisdiction of the Eldoret Environment and Land Court.
2. However, on or about the year 2022, an Environment and Land Court (ELC) was established in Iten to cater for the Elgeyo Marakwet County.
3. The ELC in Iten is a gazetted Court with jurisdiction to handle all matters within Elgeyo Marakwet Court.
4. The suit property is within Elgeyo Marakwet County.
5. Although the Court in Eldoret has unlimited jurisdiction, the gazettement of the ELC in Iten speaks to the fact that all matters within Elgeyo Marakwet County should be heard in Iten – ELC.
6. This Court has no intention to depart from the intention of the gazettement establishing the ELC in Iten and therefore the matter is hereby transferred to ELC-Iten for further dealing and/or action.
7. There will be no costs awarded to any party as regards the Application.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Wafula for the Plaintiff
Defendant: Mr. Momanyi and Mr. Nyachiro for the Defendant
| ELC.250 of 2014 ruling1 |