[2018] KEELC 3711 (KLR)
The court determined that it lacked original jurisdiction to hear and determine rent disputes that fall within the exclusive mandate of the Business Premises Rent Tribunal. The transfer of the matter from the Tribunal to the Environment and Land Court was improper, as jurisdiction cannot be conferred by the consent...
Source-derived case information.
- Citation
- [2018] KEELC 3711 (KLR)
- Parties
- Plaintiff: African Rural Mission; Defendant: Methodist Church of Kenya; Applicant: Alfred Makongo; Applicant: Luke W Wanyama
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction and Applications for Joinder
- Outcome
- Matter referred back to the Business Premises Rent Tribunal for hearing and disposal; Environment and Land Court declines jurisdiction.
- Legal Topics
- Jurisdiction of Tribunals, Transfer of Cases, Rent Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Rural Mission
Plaintiff
Methodist Church of Kenya
Defendant
Alfred Makongo
Applicant
Luke W Wanyama
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction and Applications for Joinder
Legal Issues
- 1 Whether the Environment and Land Court has original jurisdiction to hear rent disputes originating from the Business Premises Rent Tribunal.
- 2 Whether the consent of parties can confer jurisdiction on a court where statute or constitution does not.
Ratio Decidendi
The court determined that it lacked original jurisdiction to hear and determine rent disputes that fall within the exclusive mandate of the Business Premises Rent Tribunal. The transfer of the matter from the Tribunal to the Environment and Land Court was improper, as jurisdiction cannot be conferred by the consent of parties but only by statute or the Constitution. The court emphasized that once it is clear that jurisdiction is lacking, it must down its tools and take no further steps in the matter. Consequently, the court ordered that the file be returned to the Business Premises Rent Tribunal for hearing and disposal, as there were no valid grounds for the Tribunal chairman to have...
Court Disposition
Matter referred back to the Business Premises Rent Tribunal for hearing and disposal; Environment and Land Court declines jurisdiction.
Orders
- The file is returned to the Business Premises Rent Tribunal for hearing and disposal.
- The Environment and Land Court declines to entertain the matter for lack of jurisdiction.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT
AT MILIMANI
ELC NO. 215 OF 2016
AFRICAN RURAL MISSION.......................................PLAINTIFF
=VERSUS=
METHODIST CHURCH OF KENYA.....................DEFENDANT
AND
ALFRED MAKONGO,
LUKE W WANYAMA.....PROPOSED INTERESTED PARTIES/APPLICANTS
RULING
1. There are two applications which were set for ruling. The first one is dated 28th June 2017. The Court had directed parties to file written submissions in respect of the two applications. As I was going through the file, I noticed that this is a matter which had been filed at the Business Premises Rent Tribunal as a dispute regarding rent. The case was then transferred to this court by the chairman apparently with the consent of counsel for the parties. The reason for the transfer is that one of the parties was uncomfortable with the chairman handling the matter.
2. When the file was brought to the Environment and land Court it was assigned ELC No215 of 2016. When the matter was placed before me on 21st June 2015, Mr Muriuki for the defendant indicated to the court that they had agreed to have this matter consolidated with ELC 215 of 2016. Mr Muriuki further indicated that he wished to file a preliminary objection on jurisdiction. The Court made an order for consolidation and listed the matter for directions on 30th June 2017. Mr Muriuki was granted liberty to file his intended preliminary objection.
3. When the matter came up for mention on 30th June 2017 the court was informed that an application had been made seeking to enjoin interested parties in the suit. In the meantime Mr Muriuki indicated to court that he had prepared an application which had not been filed. That application was filed and thereafter directions were given that the two applications be disposed of by way of written submissions.
4. A perusal of the file shows that there were no files which were to be consolidated. There is actually one file from the Tribunal which was given an ELC number. This Court lacks jurisdiction to entertain this matter. Jurisdiction is either conferred by the constitution or statute. It can never be conferred by consent of the parties. As was stated by Nyarangi JA in the case of Owners of the Motor Vessel “ Lillian S Vs Caltex Oil (Kenya) Limited (1989) KLR, jurisdiction is everything. Once a court is of the opinion that it has no jurisdiction, it has to down its tools.
5. I am aware that there is only one chairman of the Tribunal. He should not have readily accepted to transfer the case to this court which does not have original jurisdiction to deal with rent disputes. The record shows that he had handled the matter for some time before the matter was referred here. This court does not have original jurisdiction to hear disputes failing within the jurisdiction of the Tribunal. It has only appellate jurisdiction. This matter is therefore referred back to the Business Premises Rent Tribunal for hearing and disposal. I have made this order returning this file because there are no serious grounds which should have made the chairman to refer this file to this court. The chairman should have taken into account the fact that he is the only chairman and should not have readily accepted parties to agree to transfer this matter to this Court.
It is so ordered.
Dated, Signed and Delivered at Nairobithis12thday of April 2018.
E.O .OBAGA
JUDGE
In the presence of ;-
Mr Mocha for Mr Ocharo for Plaintiff
Court Assistant: Hilda
E.O .OBAGA
JUDGE