[2021] KEELC 2509 (KLR)
The court determined that the matter should be transferred to the newly established Environment and Land Court at Isiolo, as the pecuniary jurisdiction of the current magistrate at Marsabit was limited to KES 5 million, while the incoming chief magistrate would have a jurisdiction of KES 20 million. The transfer...
Source-derived case information.
- Citation
- [2021] KEELC 2509 (KLR)
- Parties
- Applicant: Guyu Tuku (suing as the Chairman of Tawaho Youth Group); Applicant: Hussein Yakub (Treasurer – Tawaho Youth Group); Applicant: Galma Dima (Secretary – Tawaho Youth Group); Respondent: Godana Halakhe; Respondent: Hussein Duba; Respondent: Molu Bobaye; Respondent: Galgalo Dika; Respondent: Galgalo Godana
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 19 of 2019
- Procedural Posture
- Order / Directions on Transfer and Mention
- Outcome
- Case transferred for mention at Isiolo ELC.
- Legal Topics
- Pecuniary Jurisdiction, Transfer of Suit, Court Structure
- 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
Guyu Tuku (suing as the Chairman of Tawaho Youth Group)
Applicant
Hussein Yakub (Treasurer – Tawaho Youth Group)
Applicant
Galma Dima (Secretary – Tawaho Youth Group)
Applicant
Godana Halakhe
Respondent
Hussein Duba
Respondent
Molu Bobaye
Respondent
Galgalo Dika
Respondent
Galgalo Godana
Respondent
Procedural Posture
Order / Directions on Transfer and Mention
Legal Issues
- 1 Whether the matter should be transferred to the newly established ELC court at Isiolo.
- 2 Whether the pecuniary jurisdiction of the magistrate courts affects the handling of the case.
Ratio Decidendi
The court determined that the matter should be transferred to the newly established Environment and Land Court at Isiolo, as the pecuniary jurisdiction of the current magistrate at Marsabit was limited to KES 5 million, while the incoming chief magistrate would have a jurisdiction of KES 20 million. The transfer ensures that the case is heard by a court with the appropriate jurisdiction and facilitates the efficient administration of justice. The court directed that the matter be mentioned at Isiolo ELC for parties to ventilate their issues before that court on the specified date.
Court Disposition
Case transferred for mention at Isiolo ELC.
Orders
- The matter is to be mentioned at Isiolo ELC for parties to ventilate their issues on 5.10.2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 19 OF 2019
GUYO TUKU (suing as the
Chairman of Tawaho Youth Group..........................1ST PLAINTIFF/APPLICANT
HUSSEIN YAKUB (Treasurer –
Tawaho Youth Group...............................................2ND PLAINTIFF/APPLICANT
GALMA DIMA (Secretary –
Tawaho Youth Group...............................................3RDPLAINTIFF/APPLICANT
VERSUS
GODANA HALAKHE.....................................1ST DEFENDANT/RESPONDENT
HUSSEIN DUBA.............................................2ND DEFENDANT/RESPONDENT
MOLU BOBAYE.............................................3RD DEFENDANT/RESPONDENT
GALGALO DIKA...........................................4TH DEFENDANT/RESPONDENT
GALGALO GODANA ..................................5TH DEFENDANT/RESPONDENT
ORDER/DIRECTIONS
1. This court is on transfer. I also note that currently the magistrate manning Marsabit court is an SRM whose pecuniary jurisdiction is pegged at Shs.5 million. I am also aware that the incoming magistrate is a chief magistrate having a pecuniary jurisdiction of 20 million.
2. I also find that the matter is slated for transfer to the newly established ELC court at Isiolo. As such I give directions that matter be mentioned at Isiolo ELC for parties to ventilate their issues before that court on 5. 10. 2021.
DATED, SIGNED AND DELIVERED VIA EMAIL AT MERU THIS 21ST DAY OF JULY, 2021
HON. LUCY. N. MBUGUA
ELC JUDGE