[2017] KEELC 1844 (KLR)
The court held that the stay granted by the Court of Appeal on the High Court at Malindi's decision meant that the provisions conferring jurisdiction on the Magistrates' Courts to hear and determine environment and land disputes remained in force. Consequently, there was no legal basis to transfer Milimani CMCC No....
Source-derived case information.
- Citation
- [2017] KEELC 1844 (KLR)
- Parties
- Plaintiff: John Sewe Oyengo; Defendant: James Nyabando Sorobea; Defendant: Paul Kangethe Wanjoro; Defendant: Francis Kinuthia Comba; Defendant: Njoroge Waweru t/a Church of the Lord
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 80 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit From Magistrate's Court to Environment and Land Court
- Outcome
- application refused
- Legal Topics
- Jurisdiction of Magistrates Courts, Transfer of Suits, Environment and Land 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
John Sewe Oyengo
Plaintiff
James Nyabando Sorobea
Defendant
Paul Kangethe Wanjoro
Defendant
Francis Kinuthia Comba
Defendant
Njoroge Waweru t/a Church of the Lord
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit From Magistrate's Court to Environment and Land Court
Legal Issues
- 1 Whether the Chief Magistrate's Court has jurisdiction to hear and determine environment and land disputes pending the final decision of the Court of Appeal.
- 2 Whether there is justification to transfer Milimani CMCC No. 5879/2009 from the Chief Magistrate's Court to the Environment and Land Court.
Ratio Decidendi
The court held that the stay granted by the Court of Appeal on the High Court at Malindi's decision meant that the provisions conferring jurisdiction on the Magistrates' Courts to hear and determine environment and land disputes remained in force. Consequently, there was no legal basis to transfer Milimani CMCC No. 5879/2009 from the Chief Magistrate's Court to the Environment and Land Court. The application for transfer was therefore refused, and the matter was directed to proceed before the Chief Magistrate's Court.
Court Disposition
application refused
Orders
- The application to transfer Milimani CMCC No. 5879/2009 from the Chief Magistrate's Court to the Environment and Land Court is refused.
- Milimani CMCC No. 5879/2009 shall proceed before the Chief Magistrate's Court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC MISC. NO. 80 OF 2017
JOHN SEWE OYENGO................................................................PLAINTIFF
VERSUS
JAMES NYABANDO SOROBEA......................................1STDEFENDANT
PAUL KANGETHE WANJORO........................................2ND DEFENDANT
FRANCIS KINUTHIA COMBA.........................................3RD DEFENDANT
NJOROGE WAWERU T/A CHURCH OF THE LORD....4TH DEFENDANT
RULING
I have considered the Notice of Motion dated 26th April, 2017 together with the affidavit filed in support thereof. I am of the view that there is nothing stopping the Chief Magistrate’s Court from hearing and determining CMCC No. 5879/2009 John Sewe Oyengo Vs. James Nyabando Sorobea. The decision of the High Court at Malindi which quashed the provisions of the Magistrates’ Courts Act, 2015 and the Environment and Land Court Act, 2011 which conferred jurisdiction upon the Magistrates to hear and determine environment and land disputes was stayed by the Court of Appeal. The effect of the decision of the Court of Appeal was that the Magistrates’ Courts were to continue handling environment and land cases before them pending the final decision of the Court of Appeal on the matter. For the foregoing reasons, there is no justification for the present application seeking to transfer a matter from the Chief Magistrate’s Court to this court. The application is refused. I direct that Milimani CMCC No. 5879/2009 does proceed before the Chief Magistrate’s court.
Each party shall bear its own costs of the application.
Delivered and Signed at Nairobi this 13th day of July, 2017
S. OKONG’O
JUDGE