[2020] KEHC 5794 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine judicial review proceedings concerning the use and occupation of land and decisions of the Rent Restriction Tribunal. Such matters are within the exclusive jurisdiction of the Environment and Land Court as established by Article 162(2)(b) of...
Source-derived case information.
- Citation
- [2020] KEHC 5794 (KLR)
- Parties
- Applicant: Jacinta Mumbi Kang'ethe; Respondent: The Rent Restriction Tribunal; Interested Party: Thomas Malinda Musau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 28 of 2020
- Procedural Posture
- Judicial Review Application / Application for Leave; Preliminary Transfer Ruling
- Outcome
- Application transferred to the Environment and Land Court for hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Environment and Land Court, Judicial Review Leave, Rent Restriction Tribunal, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Mumbi Kang'ethe
Applicant
The Rent Restriction Tribunal
Respondent
Thomas Malinda Musau
Interested Party
Procedural Posture
Judicial Review Application / Application for Leave; Preliminary Transfer Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine judicial review proceedings relating to decisions of the Rent Restriction Tribunal concerning use and occupation of land.
- 2 Whether the matter should be transferred to the Environment and Land Court under Article 162(2)(b) of the Constitution and relevant statutes.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine judicial review proceedings concerning the use and occupation of land and decisions of the Rent Restriction Tribunal. Such matters are within the exclusive jurisdiction of the Environment and Land Court as established by Article 162(2)(b) of the Constitution and the Environment and Land Court Act. Consequently, the application for leave for judicial review is to be heard and determined by the Environment and Land Court, and the proceedings are transferred accordingly.
Court Disposition
Application transferred to the Environment and Land Court for hearing and determination.
Orders
- This suit is transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The Applicant's Chamber Summons dated 30th January 2020 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 26th May 2020 for directions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 28 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
JACINTA MUMBI KANGÉTHE...................................................APPLICANT
VERSUS
THE RENT RESTRICTION TRIBUNAL...............................RESPONDENT
AND
THOMAS MALINDA MUSAU...................................INTERESTED PARTY
RULING
The Application
1. Jacinta Mumbi Kang’ethe (hereinafter “the Applicant”) is aggrieved by a decision made on 13th August 2019 by the Rent Restriction Tribunal at Nairobi (the Respondent herein) in Rent Restriction Case No 702 of 2017 – Thomas Malinda Musau vs Jacinta Mumbi Kangéthe.The said decision arises out of dispute in relation to the tenancy agreement entered into between the Applicant and Interested Party herein of premises known as House No 626 Buruburu.
2. The Applicant has now moved this Court in an application by way of Chamber Summons dated 30th January 2020, and is seeking leave therein to apply for judicial review orders of certiorari and prohibition in relation to the Respondent’s decision. The Chamber Summons is supported by a statutory statement dated 30th January 2020, and a verifying affidavit sworn by the Applicant on the same date.
3. I have perused the Chamber Summons and supporting documents, and note that the Applicant is seeking leave to bring orders in relation to proceedings in, and a decision by the Rent Restriction Tribunal, and in relation to use and occupation of land, which are under the supervisory jurisdiction of the Environment and Land Court pursuant to Article 162(2) b of the Constitution, sections 13 and 16A of the Environment and Land Court Act, and section 8 of the Rent Restriction Act.
The Orders
4. In the premises I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The Applicant’s Chamber Summons dated 30th January 2020shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 26th May 2020, for directions.
5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicant, and to the Deputy Registrar of the Environment and Land Court at Nairobi at Nairobi, by close of business on 20th May 2020.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF MAY 2020
P. NYAMWEYA
JUDGE