[2014] KEHC 5434 (KLR)
The court found that the Notice of Motion was filed 29 days out of time, contrary to the leave granted which required filing within 21 days. As such, the application was incompetent for want of compliance with procedural timelines. Additionally, the court held that any disputes arising from the former Land Disputes...
Source-derived case information.
- Citation
- [2014] KEHC 5434 (KLR)
- Parties
- Applicant: Chairman, Treasurer, Secretary & Board of Governors, Gitare Primary School; Respondent: Chairman, Embu West District & Disputes Tribunal; Respondent: Hon. Attorney General; Interested Party: Tirus Njiru Kirimui & Others
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 28 of 2012
- Procedural Posture
- Judicial Review / Ruling on Preliminary Objection/strike Out Motion
- Outcome
- application struck out
- Legal Topics
- Judicial Review Timelines, Leave of Court, Tribunal Jurisdiction, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chairman, Treasurer, Secretary & Board of Governors, Gitare Primary School
Applicant
Chairman, Embu West District & Disputes Tribunal
Respondent
Hon. Attorney General
Respondent
Tirus Njiru Kirimui & Others
Interested Party
Procedural Posture
Judicial Review / Ruling on Preliminary Objection/strike Out Motion
Legal Issues
- 1 Whether the Notice of Motion was filed within the statutory period after leave was granted.
- 2 Whether the High Court has jurisdiction over disputes arising from the former Land Disputes Tribunal.
Ratio Decidendi
The court found that the Notice of Motion was filed 29 days out of time, contrary to the leave granted which required filing within 21 days. As such, the application was incompetent for want of compliance with procedural timelines. Additionally, the court held that any disputes arising from the former Land Disputes Tribunal fall within the jurisdiction of the Environment & Land Court, not the High Court. Consequently, the application was struck out with costs to the interested parties.
Court Disposition
application struck out
Orders
- The Notice of Motion dated 4/1/2013 is struck out as incompetent.
- Applicants to pay costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
JUDICIAL REVIEW NO. 28 OF 2012
CHAIRMAN, TREASURER, SECRETARY &
BOARD OF GOVERNORS
GITARE PRIMARY SCHOOL..…...........................................……..APPLICANTS
VERSUS
CHAIRMAN, EMBU WEST DISTRICT &
DISPUTES TRIBUNAL.....................................................1ST RESPONDENT
HON. ATTORNEY GENERAL............................................2ND RESPONDENT
AND
TIRUS NJIRU KIRIMUI & OTHERS.............................INTERESTED PARTIES
R U L I N G
The Notice of Motion dated 4/1/2013 and filed on the same date was filed pursuant to leave granted on 15/11/2012 by this Court.
The parties were served but the respondents filed no response. The interested parties through Mr. Kamunyori filed grounds of opposition and a very long replying affidavit.
Having been granted leave on 15/11/2012 the Notice of Motion ought to have been filed on or before 6/12/2012 i.e. within 21 days. It is clear that the filing of the Notice of Motion on 4/1/2013 was 29 days out of time. I agree with the interested parties that the Notice of Motion is incompetent as it was filed without valid leave of the Court.
Secondly if the applicants have any issues with matters from the former Land Disputes Tribunal they should file them before the Environment & Land Court which is seized with jurisdiction to handle them.
I therefore strike out the Notice of Motion dated 4/1/2013 with costs.
DELIVERED, DATED AND SIGNED AT EMBU THIS 4TH DAY OF APRIL 2014.
H.I. ONG’UDI
J U D G E
In the presence of:-
Mr. Kamunyori for Interested Party
Njue CC