[2020] KEHC 3319 (KLR)
The High Court determined that it lacks jurisdiction to entertain the appeal as the subject matter is purely an environment and land matter. This position was previously affirmed by Hon. Justice Musyoka J. Consequently, the proper forum for the appeal is the Environment and Land Court. The court therefore directed...
Source-derived case information.
- Citation
- [2020] KEHC 3319 (KLR)
- Parties
- Appellant: Florence Namachitu; Appellant: Ronald Kerre; Respondent: Doris Wanyama
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 52 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Application for Transfer of Appeal Due to Lack of Jurisdiction
- Outcome
- Application for transfer of appeal allowed; appeal to be placed before the Environment and Land Court at Bungoma.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Transfer of Appeals, Environment and Land Court, Court Structure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Namachitu
Appellant
Ronald Kerre
Appellant
Doris Wanyama
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Transfer of Appeal Due to Lack of Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the appeal concerning an environment and land matter.
- 2 Whether the appeal should be transferred to the Environment and Land Court for hearing and determination.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to entertain the appeal as the subject matter is purely an environment and land matter. This position was previously affirmed by Hon. Justice Musyoka J. Consequently, the proper forum for the appeal is the Environment and Land Court. The court therefore directed that the appeal be placed before the Presiding Judge of the Environment and Land Court at Bungoma for further directions and orders.
Court Disposition
Application for transfer of appeal allowed; appeal to be placed before the Environment and Land Court at Bungoma.
Orders
- Leave to be heard during recess granted and application certified as urgent.
- Appeal to be placed before the Environment and Land Court Presiding Judge at Bungoma for further directions/orders.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
BUNGOMA CIVIL APPEAL NO. 52 OF 2020
(CORAM: R. E. ABURILI - J.)
FLORENCE NAMACHITU........................................1ST APPELLANT/APPLICANT
RONALD KERRE......................................................2ND APPELLANT/APPLICANT
VERSUS
DORIS WANYAMA................................................................................. RESPONDENT
RULING
1. I have considered the application dated 1/9/2020 under Certificate of Urgency seeking to be heard during the recess. I grant such leave as prayed and certify the application as urgent.
2. On the main/substantive application dated 31/8/2020, seeking for transfer of the appeal from the High Court to the Environment and Land Court Bungoma for hearing and determination, I have perused the grounds in support and the annexed supporting affidavit and the orders by Hon. Justice Musyoka J of Kakamega High Court declining jurisdiction in the matter. I certify the Application as urgent.
3. This being purely an Environment and Land matter, this court has no jurisdiction to entertain the appeal as correctly pronounced by Hon. Musyoka J.
4. I would therefore direct that this appeal be placed before the Environment and Land Court Presiding Judge at Bungoma for further directions/orders in the appeal.
5. Mention before ELC Bungoma on 16/9/2020.
Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE