[2020] KEELC 344 (KLR)
The Environment and Land Court is unable to proceed with the petition at this stage because a final judgment was already rendered by the High Court, which found it lacked jurisdiction and transferred the file. The question now is whether any suit remains for disposal or whether the matter is functus officio. The...
Source-derived case information.
- Citation
- [2020] KEELC 344 (KLR)
- Parties
- Applicant: Cecilia Wanjiru Gicuru; Applicant: Japheth Etale; Respondent: The Hon. Attorney General; Respondent: The Inspector General of Police; Respondent: Director of Public Prosecution; Respondent: Kenya Airports Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 2020
- Procedural Posture
- Constitutional Petition / Directions Post Judgment Transfer
- Outcome
- Directions issued; no substantive orders made pending parties' submissions on jurisdiction and finality of judgment.
- Judges
- BM Eboso
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Finality of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Wanjiru Gicuru
Applicant
Japheth Etale
Applicant
The Hon. Attorney General
Respondent
The Inspector General of Police
Respondent
Director of Public Prosecution
Respondent
Kenya Airports Authority
Respondent
Procedural Posture
Constitutional Petition / Directions Post Judgment Transfer
Legal Issues
- 1 Whether the Environment and Land Court can reopen and hear a petition after a final judgment has been rendered by the High Court.
- 2 Whether there remains a suit capable of disposal following the High Court's finding on jurisdiction and final judgment.
Ratio Decidendi
The Environment and Land Court is unable to proceed with the petition at this stage because a final judgment was already rendered by the High Court, which found it lacked jurisdiction and transferred the file. The question now is whether any suit remains for disposal or whether the matter is functus officio. The court directs parties to address this issue before any further orders are made, as it is unclear if the petition can be reopened after a final judgment.
Court Disposition
Directions issued; no substantive orders made pending parties' submissions on jurisdiction and finality of judgment.
Orders
- Parties to attend court on 2/2/2021 and address the issue of whether the petition can be reopened after a final judgment.
- Counsel for the interested party to serve a copy of these directions on all parties.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC PETITION NO. 18 OF 2020
(FORMERLY PETITION NO. 303 OF 2014
CECILIA WANJIRU GICURU......................................................................1ST PETITOINER
JAPHETH ETALE........................................................................................2ND PETITIONER
VERSUS
THE HON. ATTORNEY GENERAL..........................................................1ST RESPONDENT
THE INSPECTOR GENERAL OF POLICE............................................2ND RESPONDENT
DIRECTOR OF PUBLIC PROSECUTION.............................................3RD RESPONDENT
AND
KENYA AIRPORTS AUTHORITY.........................................................INTERSTED PARTY
10/12/20 (Virtual Court)
Coram
B M Eboso J
CA June
Mr Mutua for the Interested Party
No Appearance for the Petitioners
No Appearance for the Respondents
DIRECTIONS
1. Judge J A Makau of the High Court rendered a final judgment in this matter on 11/6/2020. He found that the High Court did not have jurisdiction to grant the reliefs sought in the petition. He nonetheless transferred the file to the Environment and Land Court notwithstanding the fact that he had rendered a final judgment in the Petition.
2. Subsequently, Judge Okong’o, the ELC Presiding Judge, allocated this file to me.
3. It is not clear if there still exists a suit capable of disposal after Judge Makau rendered his final judgement on 11/6/2020 and if I can reopen the petition for fresh hearing after a final judgment was rendered by the High Court. Parties will attend court on 2/2/2021 and address me on this issue before I issue appropriate orders in this matter.
4. Counsel for the interested party shall serve a copy of these directions on all the parties.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 10TH DAY OF DECEMBER 2020.
B M EBOSO
JUDGE
In the Presence of: -
Mr. Mutua for the Interested Party
Court Clerk – June