[2016] KEHC 7318 (KLR)
The court found that, following the amendments introduced by the Statute Law (Miscellaneous Amendments) Act 2015, Magistrate’s Courts now have jurisdiction to preside over Environment and Land matters. Therefore, the basis for the application to transfer the suit to the Environment and Land Court no longer exists....
Source-derived case information.
- Citation
- [2016] KEHC 7318 (KLR)
- Parties
- Plaintiff: Joel Njoroge Njenga; Defendant: John K. Mwicigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 235 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Application to Transfer Suit for Lack of Jurisdiction
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Jurisdiction of Magistrates Courts, Transfer of Suits, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Njoroge Njenga
Plaintiff
John K. Mwicigi
Defendant
Procedural Posture
Notice of Motion / Ruling on Application to Transfer Suit for Lack of Jurisdiction
Legal Issues
- 1 Whether the Chief Magistrate's Court has jurisdiction to hear and determine Environment and Land matters.
- 2 Whether the suit CM. CC.5933 of 2008 should be transferred to the Environment and Land Court.
Ratio Decidendi
The court found that, following the amendments introduced by the Statute Law (Miscellaneous Amendments) Act 2015, Magistrate’s Courts now have jurisdiction to preside over Environment and Land matters. Therefore, the basis for the application to transfer the suit to the Environment and Land Court no longer exists. The application was dismissed, and each party was ordered to bear their own costs.
Court Disposition
application dismissed
Orders
- The application dated 15th May 2014 is dismissed.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. NO. 235 OF 2014
JOEL NJOROGE NJENGA……………........... PLAINTIFF
VERSUS
JOHN K. MWICIGI……………….……….… DEFENDANT
RULING
The Notice of Motion dated 15th May 2014 seeks the court to issue an order to transfer CM. CC.5933 of 2008 from the Chief Magistrate’s Court to the Environment and Land Court, Nairobi on grounds that the Chief Magistrate’s court lacks jurisdiction to try or dispose that suit or grant the eviction order sought therein.
The application is not contested.
The question whether a Magistrate’s Court has jurisdiction to hear Environment and Land Court matter has finally been laid to rest with the amendment of the Environment and Land Court Act 2011 through the statute law (Miscellaneious Amendment) Act 2015conferring jurisdiction upon Magistrate’s Court to preside over Environment And Land matters. Through the same legislation, the Land Registration Act and the Land Act have similarly been amended to allow subordinate courts to preside over Environment and Land matters.
In light of the foregoing, this application is dismissed and each party bears their own costs.
DELIVERED AND SIGNED AT NAIROBI THIS 29TH
DAY OF JANUARY 2016.
MARY M. GITUMBI
JUDGE