[2007] KEHC 2493 (KLR)
The court determined that it lacked jurisdiction to hear the constitutional reference application because the Chief Justice's directive, as set out in Gazette Notice No. 300 of 2007, required such matters to be heard exclusively by the High Court at Nairobi. Consequently, the only appropriate order was to transfer...
Source-derived case information.
- Citation
- [2007] KEHC 2493 (KLR)
- Parties
- Applicant: Fredrick Wachira Ndegwa (Representing Ndegwa Wachira, Deceased); Respondent: Ricarda Wanjiku Ndanjeru; Respondent: Beautah Kanyora Muthui
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 300 of 1996
- Procedural Posture
- Civil Suit / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred to the High Court at Nairobi Constitution and Judicial Review Division.
- Legal Topics
- Jurisdiction of High Court, Transfer of Proceedings, Constitutional Reference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Wachira Ndegwa (Representing Ndegwa Wachira, Deceased)
Applicant
Ricarda Wanjiku Ndanjeru
Respondent
Beautah Kanyora Muthui
Respondent
Procedural Posture
Civil Suit / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court at Nyeri has jurisdiction to hear a constitutional reference application.
- 2 Whether the matter should be transferred to the High Court at Nairobi as per the Chief Justice's directive.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear the constitutional reference application because the Chief Justice's directive, as set out in Gazette Notice No. 300 of 2007, required such matters to be heard exclusively by the High Court at Nairobi. Consequently, the only appropriate order was to transfer the application to the proper forum for determination.
Court Disposition
Application transferred to the High Court at Nairobi Constitution and Judicial Review Division.
Orders
- The matter is hereby transferred to the High Court Nairobi Constitution and Judicial Review Division for hearing of the Chamber Summons dated 5th March 2007.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Suit 300 of 1996
FREDRICK WACHIRA NDEGWA
Representing Ndegwa Wachira (Deceased)…...................APPLICANT/PLAINTIFF
Versus
RICARDA WANJIKU NDANJERU......................1ST RESPONDENT/DEFENDANT
BEAUTAH KANYORA MUTHUI...........................2ND RESPONDENT/DEFENDANT
RULING
The Plaintiff came to Court by way of Chamber Summons dated 5th March 2007. At the time when this Court heard the matter the Court was not alive to the fact that the Plaintiff was seeking a Constitutional Reference. Looking at the application that is what the Plaintiff seeks and accordingly, in view of the directives made by the Hon. The Chief Justice issued gazette Notice No. 300 of 2007 which directed that such matters should be heard only by High Court at Nairobi. Therefore this Court cannot hear the application. The only order that this Court is capable of making is that this matter be and is hereby transferred to the High Court Nairobi Constitution and Judicial Review Division of the High Court for the hearing of the Chamber Summons dated 5th March 2007. Those then are the orders of this court.
Dated and delivered at Nyeri this 27th day of July 2007.
MARY KASANGO
JUDGE