[2024] KEELC 6129 (KLR)
The court found that the delay in delivery of judgment, while regrettable, is an administrative matter that should be addressed by the applicants or their advocates through direct correspondence with the Chief Magistrate, rather than by invoking the supervisory jurisdiction of the Environment and Land Court. There...
Source-derived case information.
- Citation
- [2024] KEELC 6129 (KLR)
- Parties
- Applicant: Japheth Mshote Kafuta; Applicant: Mngwana Kastrungi; Applicant: Stephen Kilelo Melanyi; Applicant: Samuel Mesanai Shadrack; Applicant: Mohamed Osman Maow; Applicant: Obed Mnene Luwero; Applicant: John Mwanyalo; Applicant: Teresia Atieno Oduor; Applicant: Agnes Nasetiay Samuel; Respondent: Chief Magistrates Court -Mombasa; Respondent: Attorney General; Interested Party: Trustees Anglican Church of Kenya; Interested Party: Patrick Maza; Interested Party: Kenneddy Mwandigha; Interested Party: Julius Mwanzighe Nyambu; Interested Party: Rosemary Mbugua; Interested Party: Margarat Mnyanyi; Interested Party: Getrude Chombo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E051 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Supervisory Orders Regarding Delayed Judgment
- Outcome
- application dismissed
- Judges
- NA Matheka
- Legal Topics
- Supervisory Jurisdiction, Delay in Judgment, Administrative Action, Judicial Review
- 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
Japheth Mshote Kafuta
Applicant
Mngwana Kastrungi
Applicant
Stephen Kilelo Melanyi
Applicant
Samuel Mesanai Shadrack
Applicant
Mohamed Osman Maow
Applicant
Obed Mnene Luwero
Applicant
John Mwanyalo
Applicant
Teresia Atieno Oduor
Applicant
Agnes Nasetiay Samuel
Applicant
Chief Magistrates Court -Mombasa
Respondent
Attorney General
Respondent
Trustees Anglican Church of Kenya
Interested Party
Patrick Maza
Interested Party
Kenneddy Mwandigha
Interested Party
Julius Mwanzighe Nyambu
Interested Party
Rosemary Mbugua
Interested Party
Margarat Mnyanyi
Interested Party
Getrude Chombo
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Supervisory Orders Regarding Delayed Judgment
Legal Issues
- 1 Whether the Environment and Land Court should exercise its supervisory jurisdiction to call for the lower court file due to delayed delivery of judgment.
- 2 Whether the delay in delivering judgment amounts to a denial of justice warranting intervention by the superior court.
Ratio Decidendi
The court found that the delay in delivery of judgment, while regrettable, is an administrative matter that should be addressed by the applicants or their advocates through direct correspondence with the Chief Magistrate, rather than by invoking the supervisory jurisdiction of the Environment and Land Court. There was no evidence of refusal or failure by the trial court to deliver judgment, only administrative delay. The application was therefore not merited and was dismissed, with no orders as to costs, as the matter was undefended and did not warrant judicial intervention at this stage.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
51 paragraphs
Kafuta & 8 others v Chief Magistrates Court -Mombasa & another; Trustees Anglican Church of Kenya & 6 others (Interested Parties) (Environment & Land Miscellaneous Case E051 of 2024) [2024] KEELC 6129 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6129 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment & Land Miscellaneous Case E051 of 2024
NA Matheka, J
September 25, 2024
Between
Japheth Mshote Kafuta
1st Applicant
Mngwana Kastrungi
2nd Applicant
Stephen Kilelo Melanyi
3rd Applicant
Samuel Mesanai Shadrack
4th Applicant
Mohamed Osman Maow
5th Applicant
0bed Mnene Luwero
6th Applicant
John Mwanyalo
7th Applicant
Teresia Atieno Oduor
8th Applicant
Agnes Nasetiay Samuel
9th Applicant
and
Chief Magistrates Court -Mombasa
1st Respondent
Attorney General
2nd Respondent
and
Trustees Anglican Church of Kenya
Interested Party
Patrick Maza
Interested Party
Kenneddy Mwandigha
Interested Party
Julius Mwanzighe Nyambu
Interested Party
Rosemary Mbugua
Interested Party
Margarat Mnyanyi
Interested Party
Getrude Chombo
Interested Party
Ruling
1. The application is dated 3rd July 2024 and is brought under Article 165 Section (6) and (7) of the Constitution of Kenya 2010: Section 13 of the Environment and Land Court Act No. 19 of 2020. Section 1A. 3A, 63, Order 51 of the Civil 40 of the Civil Procedure Act and Rules respectively seeking the following orders;1. That this Application be certified urgent and heard exparte.2. That the Court be pleased to call for Court file ELC No. 159 of 2019 pending before the Chief Magistrate ELC Division Mombasa for directions as regards the judgement which has been pending for the last fourteen (14) months.3. That the Court to give directions as to costs.
2. It is supported by the grounds that this matter has been heard and determined and on 16th February 2023 the trial Court gave a judgement date for 4th May 2023. 2. That on the judgment day the same was not ready and the trial Court directed that the same was to be delivered by mail. The matter has come up on several occasions and judgment has not been read and delivered. 4. The delay to deliver the judgement is inordinate and amounts to a denial of justice to both the Plaintiffs and the Defendants. This Court should use its supervisory powers to call for the file and give directions. That in total the judgement has been pending for the last fourteen months that is to say one year and two months. That interest of justice requires that this Court comes in and rescues the file from further delays.
3. This court has considered the application and supporting affidavit annexed thereto. The respondents were served but failed to attend court or file any documents. The applicant wants the Court to call for Court file ELC No. 159 of 2019 pending before the Chief Magistrate ELC Division Mombasa for directions as regards the judgement which has been pending for the last fourteen (14) months. I find that this is an administrative matter and the applicant through their advocate ought to follow up with the letter dated 9th February 2024 to the court and address it to the Chief Magistrate himself and not the Administrator as this is a judicial function. I find this application is not merited and I dismiss it with no orders as to costs as it is undefended.It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 25TH DAY OF SEPTEMBER 2024. N.A. MATHEKAJUDGE