[2014] KEHC 5755 (KLR)

[2014] KEHC 5755 (KLR)

The High Court lacks jurisdiction to determine disputes relating to land and environment matters as such jurisdiction is exclusively vested in the Environment and Land Court by Articles 162(2)(b) and 165(5) of the Constitution of Kenya 2010. Consequently, the High Court cannot proceed to determine the appeal and...

Source-derived case information.

Citation
[2014] KEHC 5755 (KLR)
Parties
Appellant: Joab Oketch Ongate; Respondent: Josinta Akinyi Omulo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal 179 of 2011
Procedural Posture
Civil Appeal / Order on Jurisdiction
Outcome
The High Court declined jurisdiction and ordered the file to be transmitted to the Environment and Land Court for hearing and determination.
Legal Topics
Jurisdiction of Courts, Environment and Land Court Transfer
Source Language
en
Land and Property Jurisdiction of Courts Environment and Land Court Transfer

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Joab Oketch Ongate

Appellant

Josinta Akinyi Omulo

Respondent

Procedural Posture

Civil Appeal / Order on Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear and determine the present dispute in light of the Constitution of Kenya 2010.

Ratio Decidendi

The High Court lacks jurisdiction to determine disputes relating to land and environment matters as such jurisdiction is exclusively vested in the Environment and Land Court by Articles 162(2)(b) and 165(5) of the Constitution of Kenya 2010. Consequently, the High Court cannot proceed to determine the appeal and must transfer the file to the appropriate court for hearing and determination.

Court Disposition

The High Court declined jurisdiction and ordered the file to be transmitted to the Environment and Land Court for hearing and determination.

Orders

  • The file is transmitted to the Environment and Land Court for hearing and determination.