[2020] KEHC 527 (KLR)
The High Court lacks jurisdiction to hear and determine judicial review applications relating to disputes over ownership and occupation of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Article 165(2) and (5)(b) of the Constitution and Section 13 of the Environment and Land...
Source-derived case information.
- Citation
- [2020] KEHC 527 (KLR)
- Parties
- Applicant: Joab Onyango Warom; Respondent: The Principal Magistrates Court; Defendant: Joab Odeny Ogalo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E001 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Judicial Review Procedure, Land Ownership Disputes
- 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
Joab Onyango Warom
Applicant
The Principal Magistrates Court
Respondent
Joab Odeny Ogalo
Defendant
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain judicial review applications involving disputes over ownership and occupation of land.
- 2 Whether the application should be certified under certificate of urgency given the court's jurisdictional limitations.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine judicial review applications relating to disputes over ownership and occupation of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Article 165(2) and (5)(b) of the Constitution and Section 13 of the Environment and Land Court Act. Consequently, the application for leave to apply for judicial review is struck out for want of jurisdiction, and the applicant is directed to seek redress before the appropriate court.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out for want of jurisdiction.
- The applicant to lodge proceedings before the court with proper jurisdiction.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
JUDICIAL REVIEW APPLICATION NO. E001 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW IN THE NATURE OF CERTIORARI
AND
IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES 2010
AND
IN THE MATTER OF THE LAW REFORM ACT CAP 26 AND ALL OTHERENABLING PROVISIONS OF THE LAW
AND
IN THE MATTER OF THE PRINCIPAL MAGISTRATES COURT AT SIAYA
(LAND CASE NO. 35 OF 2018)
AND
IN THE MATTER OF THE LAND ACT CAP 6 AND THE LAND REGISTRATION ACT CAP 3 OF 2012 LAWS OF KENYA
AND
IN THE MATTER OF L.R. NO. NORTH GEM/SIRIWO/806
BETWEEN
JOAB ONYANGO WAROM ................................................................APPLICANT
VERSUS
THE PRINCIPAL MAGISTRATES COURT......................... 1ST RESPONDENT
AND
JOAB ODENY OGALO .............................................. 2ND INTERESTED PARTY
RULING
1. From the application and annextures including judgment of the Lower Court, annexed, it is clear that the subject matter of the dispute between the parties is purely land. This court is estopped and barred by Article 165 (2) and (5) (b) of the Constitution as read with Section 13 of the Environment and Land Court Act from hearing and determining disputes involving ownership and occupation of land.
2. Jurisdiction in Judicial Review matters of this nature is vested in the Environment and Land Court as provided for in Article 165(2) (b) of the Constitution and Section 13 (7) of the Environment and Land Court Act.
3. Therefore, for want of jurisdiction, I decline to entertain or certify the application under Certificate of Urgency as presented. The same is struck out. The applicant to lodge proceedings before the right court with jurisdiction.
4. This file is closed. Deputy Registrar to extract the order herein and serve the Applicant’s Counsel.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF DECEMBER, 2020
R.E. ABURILI
JUDGE