[2016] KEHC 4263 (KLR)
The High Court lacks jurisdiction to entertain and determine disputes relating to land following the establishment of the Environment and Land Court, as mandated by the Constitution and the Environment and Land Court Act. The application for committal for contempt, arising from a land dispute, should have been filed...
Source-derived case information.
- Citation
- [2016] KEHC 4263 (KLR)
- Parties
- Applicant: Esbon Kiura Ben; Applicant: Njeru Kavindi; Applicant: Njeru W. Wacimba; Applicant: Mwangi Benjamin; Applicant: Musa Joseph; Applicant: Tirus Njiru Kirimui; Respondent: Chairman Gitare Primary School; Respondent: Headteacher, Gitare Primary School; Respondent: Agnes Muthoni Njiru; Respondent: Samwel Rutere Josphat; Respondent: Jelia Ciumwari Naftary; Respondent: Jessee Mtetu for Gitare Secondary
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 113 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Committal for Contempt and Jurisdictional Transfer
- Outcome
- Application transferred to the Environment and Land Court for further directions.
- Legal Topics
- Contempt of Court, Jurisdiction, Transfer of Proceedings, Environment and Land Court, Enforcement of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Esbon Kiura Ben
Applicant
Njeru Kavindi
Applicant
Njeru W. Wacimba
Applicant
Mwangi Benjamin
Applicant
Musa Joseph
Applicant
Tirus Njiru Kirimui
Applicant
Chairman Gitare Primary School
Respondent
Headteacher, Gitare Primary School
Respondent
Agnes Muthoni Njiru
Respondent
Samwel Rutere Josphat
Respondent
Jelia Ciumwari Naftary
Respondent
Jessee Mtetu for Gitare Secondary
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Committal for Contempt and Jurisdictional Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain and determine disputes relating to land after the establishment of the Environment and Land Court.
- 2 Whether the application for committal for contempt should be heard by the High Court or transferred to the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain and determine disputes relating to land following the establishment of the Environment and Land Court, as mandated by the Constitution and the Environment and Land Court Act. The application for committal for contempt, arising from a land dispute, should have been filed in the Environment and Land Court, which is now the proper forum for such matters. Consequently, the High Court must transfer the application to the Environment and Land Court for further directions, as it is the only court vested with jurisdiction to determine land disputes and related enforcement proceedings.
Court Disposition
Application transferred to the Environment and Land Court for further directions.
Orders
- The application is hereby ordered transferred to the Environment and Land Court for further directions.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC APP 113 OF 2013
ESBON KIURA BEN
NJERU KAVINDI
NJERU W. WACIMBA ....................................................PLAINTIFFS/APPLICANTS
MWANGI BENJAMIN
MUSA JOSEPH
TIRUS NJIRU KIRIMUI
VERSUS
CHAIRMAN GITARE PRIMARY SCHOOL
HEADTEACHER, GITARE PRIMARY SCHOOL
AGNES MUTHONI NJIRU ..............DEFENDANTS/APPLICANTS
SAMWEL RUTERE JOSPHAT
JELIA CIUMWARI NAFTARY
JESSEE MTETU FOR GITARE SECONDARY
RULING
This is a ruling in respect of an application to commit the defendants to civil jail in respect of contempt of court. It is stated that they have defied a court order requiring them to remove the pit latrines from the suit plots to enable the land registrar to remark the access road separating plot numbers 199, 200, 201, 202, 203, 204 and the school itself. It is clear from the decree that the matter arises out of a land dispute between the plaintiffs and the defendants.
The proper forum to enforce the decree in favour of the applicants should be the Environment and Land Court. According to the Court of Appeal in Karisaa Chengo, Jefferson Kalama Kengha & Kitsao Chao Ngati v. R (2015) eKLR a Judge of the High Court has no jurisdiction to entertain and determine disputes in relation to land. This jurisdictional issue is derived from section 31 of the Environment and Land Court Act. In terms section 30 (1) states as follows:
30 (1) All proceedings relating to the environment or to the use and occupation and title to land pending before any court or local tribunal of competent jurisdiction shall continue to be heard and determined by the same court until the Environment and Land Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar.
The Chief Justice may, after the court is established, refer part-heard cases, where appropriate, to the court.
The Environment and Land Court Act (Act No 19 of 2011) commenced on 30th August 2011. In the circumstances, this application should have been filed in the Environment and Land Court which is vested with jurisdiction entertain and determine land disputes. The reason being the Environment and Land Court has now been established and that is the proper forum to entertain and determine issues in relation to land such as the instant application. That court in terms of Article 162 (2) (b) of the 2010 Constitution of Kenya is a superior court which has the status of the High Court. And for this reason , this application is hereby ordered transferred to the Environment and Land Court for further directions.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this13th day of APRIL 2016
In the presence of Ms Muriuki hoding brief for Mr Kamunyori for the applicants and in the absence of the defendants
Court clerk Njue.
J.M. BWONWONGA
JUDGE
13. 04. 16