Kenya ELRC: Rules on Land Appeal E018/2025

On October 26, 2026, the Environment and Land Court in Kenya, in the case of Opiyo v Jangolo, issued a judgment affirming its inherent duty to ascertain the jurisdiction of a trial court, irrespective of any perceived procedural bars. This decision underscores the court's fundamental obligation to ensure that justice is administered by competent tribunals.

This judgment is profoundly significant for legal practitioners in Kenya, as it reinforces a cornerstone principle of judicial review and appellate oversight: jurisdictional competence is a non-derogable prerequisite for any court to entertain a matter. For attorneys, this means that jurisdictional challenges, even if not explicitly raised by parties or if seemingly waived, remain a live issue that an appellate court, specifically the Environment and Land Court in this instance, can and must address proprio motu. It highlights the judiciary's crucial role in upholding the rule of law by ensuring that lower tribunals act strictly within their statutory and constitutional mandates, thereby preventing judgments from being rendered by courts lacking the requisite authority.

The legal context for this judgment is rooted in the Constitution of Kenya, 2010, which established specialized courts like the Environment and Land Court (ELC) under Article 162(2)(b), operationalized by the Environment and Land Court Act, 2011. The ELC's primary mandate is to hear and determine disputes relating to the environment and land. The excerpt's reference to the