[2024] KEELC 1769 (KLR)
The court found that the prayers sought by the petitioners do not revolve around issues of environmental land use or title as required under Article 162(2)(b) of the Constitution. Consequently, the Environment and Land Court lacks the requisite jurisdiction to determine the issues raised in the petition. The proper...
Source-derived case information.
- Citation
- [2024] KEELC 1769 (KLR)
- Parties
- Applicant: Evans Kiprutto Cherop; Applicant: Mary Angela Mumbi; Applicant: Joytriza Wancari Mureithi; Applicant: Milkah Kemunto Joseph; Respondent: The Inspector General National Police; Respondent: The Cabinet Secretary for Internal Security and Cordination of National Government; Respondent: The Honorable the Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 2 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Jurisdiction and Transfer
- Outcome
- petition transferred to the high court for lack of jurisdiction
- Judges
- A Ombwayo
- Legal Topics
- Jurisdiction of Courts, Transfer of Petitions, Bill of Rights Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Kiprutto Cherop
Applicant
Mary Angela Mumbi
Applicant
Joytriza Wancari Mureithi
Applicant
Milkah Kemunto Joseph
Applicant
The Inspector General National Police
Respondent
The Cabinet Secretary for Internal Security and Cordination of National Government
Respondent
The Honorable the Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine the petition as framed.
- 2 Whether the issues raised in the petition relate to environmental land use or title as required under Article 162(2)(b) of the Constitution.
Ratio Decidendi
The court found that the prayers sought by the petitioners do not revolve around issues of environmental land use or title as required under Article 162(2)(b) of the Constitution. Consequently, the Environment and Land Court lacks the requisite jurisdiction to determine the issues raised in the petition. The proper forum for the determination of the petition is the High Court, which has original and unlimited jurisdiction in such matters. The court therefore ordered the transfer of the petition to the High Court for hearing and determination.
Court Disposition
petition transferred to the high court for lack of jurisdiction
Orders
- The petition is hereby transferred to the High Court that has original unlimited jurisdiction in such matter.
Full Case Text
Judgment text and source record
28 paragraphs
Cherop & 3 others v Inspector General National Police & 2 others (Environment & Land Petition 2 of 2024) [2024] KEELC 1769 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEELC 1769 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Petition 2 of 2024
A Ombwayo, J
April 11, 2024
IN THE MATTER OF THE ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLES 22(1) (2), 23, 165(3) (b) AND 258 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 10, 19, 20(1) (2), 21 (1), (3), 27, 28, 35, 40, 41, 46 AND 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTIONS ACT NO.4 OF 2015 AND IN THE MATTER OF THE COUNTY GOVERNMENT ACT NO. 17 OF 2012 AND IN THE MATTER OF THE URBAN AREAS AND CITIES ACT OF 2012 AND IN THE MATTER OF ALCOHOLIC DRINKS CONTROL ACT AND IN THE MATTER OF BLANKET CLOSURE OF BARS AND RESTAURANT
Between
Evans Kiprutto Cherop
1st Petitioner
Mary Angela Mumbi
2nd Petitioner
Joytriza Wancari Mureithi
3rd Petitioner
Milkah Kemunto Joseph
4th Petitioner
and
The Inspector General National Police
1st Respondent
The Cabinet Secretary for Internal Security and Cordination of National Government
2nd Respondent
The Honorable the Attorney General
3rd Respondent
Ruling
1. Parties have not complied with the courts directions. However, I have perused the application and do find that the prayers sought by the petitioner do not revolve on Articles 162 (2) b of the constitution. They do not relate to the environmental land use or title. I do find that this court lacks the prerequisite jurisdiction to determine the issues raised.
2. The petition is hereby transferred to the High Court that has original unlimited jurisdiction in such matter.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 11TH DAY OF APRIL 2024. A O OMBWAYOJUDGE