Judge dismisses Magugu widow’s petition on land saga in Nairobi

The High Court on Thursday dismissed a petition challenging the alleged fraudulent subdivision and acquisition of a parcel of land in Nairobi, ruling that the matter falls under the jurisdiction of the Environment and Land Court (ELC).

Justice Lawrence Mugambi said the court lacked the authority to hear and determine the dispute since the issues raised revolved around ownership, subdivision, and use of land, which are matters exclusively handled by the ELC under Article 162(2)(b) of the Constitution.

The case stemmed from a petition originally filed on May 24, 2024, and later amended on July 31, 2024, in which the petitioner, Margaret Wairimu Magugu accused the respondents of engaging in a fraudulent and illegal scheme to subdivide Land Reference Number 12422/204, resulting in the unlawful acquisition of LR No. 12422/319.

The petitioner, who is the administrator of her late husband’s estate, claimed that the alleged subdivision and subsequent transfer of the property violated her constitutional right to property under Article 40 of the Constitution.

She sought several declarations, including the cancellation of the contested titles, restoration of the original land parcel, and payment of damages for loss of use.

However, Justice Mugambi ruled that despite the petitioner’s argument that the matter involved violation of constitutional rights, the core of the dispute was about ownership and title to land, which clearly falls within the purview of the Environment and Land Court.

The judge said that although the High Court, ELC, and Employment and Labour Relations Court are of equal status, they each have distinct and independent jurisdictions, and one cannot assume the role of another.

“The substratum of this petition is founded on a grievance arising from the alleged deprivation of land through fraudulent means. Such disputes are reserved for the Environment and Land Court,” Justice Mugambi said.