[2021] KEELC 282 (KLR)
The court determined that the substance of the applicant's request—to compel the Governor to release a report for public scrutiny—does not constitute a dispute relating to environment and land as required by Section 13 of the Environment and Land Court Act. Although the application references land, the core issue is...
Source-derived case information.
- Citation
- [2021] KEELC 282 (KLR)
- Parties
- Applicant: John Wekesa Khaoya (Chief Executive Officer, Centre for Human Rights Organization); Defendant: His Excellency Wycliffe Wafula Wangamati (The Governor Bungoma County)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 18 of 2021
- Procedural Posture
- Miscellaneous Application / Preliminary Order on Jurisdiction and Transfer
- Outcome
- Application transferred to the High Court for further directions.
- Legal Topics
- Jurisdiction of Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wekesa Khaoya (Chief Executive Officer, Centre for Human Rights Organization)
Applicant
His Excellency Wycliffe Wafula Wangamati (The Governor Bungoma County)
Defendant
Procedural Posture
Miscellaneous Application / Preliminary Order on Jurisdiction and Transfer
Legal Issues
- 1 Does the Environment and Land Court have jurisdiction to determine an application seeking to compel the Governor to release a land inventory report for public scrutiny.
- 2 Should the application be struck out or transferred to a court with proper jurisdiction.
Ratio Decidendi
The court determined that the substance of the applicant's request—to compel the Governor to release a report for public scrutiny—does not constitute a dispute relating to environment and land as required by Section 13 of the Environment and Land Court Act. Although the application references land, the core issue is access to a report, not a dispute over land or environmental matters. Therefore, the Environment and Land Court lacks jurisdiction to entertain the application. Instead of striking out the application, the court exercised its discretion to transfer the matter to the High Court, which is the proper forum to determine the issues raised.
Court Disposition
Application transferred to the High Court for further directions.
Orders
- The application is transferred to the High Court and to be placed before Kemei J for further directions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA
ELC MISCELLANEOUS APPLICATION NO. 18 OF 2021
JOHN WEKESA KHAOYA (CHIEF EXECUTIVE OFFICER
CENTRE FOR HUMAN RIGHTS ORGANIZATION)..........APPLICANT
VERSUS
HIS EXCELLENCY WYCLIFFE WAFULA WANGAMATI
(THE GOVERNOR BUNGOMA COUNTY)....................1ST DEFENDANT
15th December 2021
Coram: Hon. Boaz N. Olao JUDGE
Court Assistant: Lusweti
Language: Kiswahili/English
O R D E R
I have perused the Notice of Motion dated 3rd December 2021 and filed on 8th December 2021 under Certificate of Urgency.
My understanding of the supporting affidavit is that what the Applicant will be seeking in his substantive application will essentially be an order directed at the Governor Bungoma County to make available for public scrutiny “the report handed in by the Land Inventory team to the Community of Bungoma County to protect the Provisions of Article 3(1) of the Constitution of Kenya 2010. ” This is as per paragraph 7 of the Applicant’s supporting affidavit.
That cannot be a matter falling under the jurisdiction of this Court as provided under Section 13 of the Environment and Land Court Act. It is a dispute over whether or not the Governor should be made to avail a report. Although the word “land” is referred to in the affidavit, this is not really one of those “disputes relating to environment and land” which this Court is mandated to determine by Section 13 of the said Act.
However, rather than striking the application out, I direct that it be transferred to the High and be placed before KEMEI J for further directions.
Orders accordingly.
BOAZ N. OLAO.
J U D G E
15th December 2021.