[2020] KEHC 4461 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute concerned land use, specifically compensation for damage to property arising from the laying of electricity lines on private land. The Environment and Land Court, established under the Environment and Land...
Source-derived case information.
- Citation
- [2020] KEHC 4461 (KLR)
- Parties
- Appellant: Kenya Power & Lighting Co. Ltd; Respondent: Mathenge Minja Riguga; Respondent: Keiru Gatiki
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 67 of 2014
- Procedural Posture
- Civil Appeal / Jurisdictional Ruling; Transfer of Appeal
- Outcome
- Appeal transferred for want of jurisdiction.
- Legal Topics
- Wayleave Consents, Compensation for Land Use, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power & Lighting Co. Ltd
Appellant
Mathenge Minja Riguga
Respondent
Keiru Gatiki
Respondent
Procedural Posture
Civil Appeal / Jurisdictional Ruling; Transfer of Appeal
Legal Issues
- 1 Does the High Court have jurisdiction to hear an appeal concerning land use disputes after the establishment of the Environment and Land Court?
- 2 Should the appeal be transferred to the Environment and Land Court for determination?
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute concerned land use, specifically compensation for damage to property arising from the laying of electricity lines on private land. The Environment and Land Court, established under the Environment and Land Court Act and the Constitution, has both original and appellate jurisdiction over such matters. Accordingly, the High Court declined to entertain the appeal and ordered its transfer to the Environment and Land Court at Nyahururu, which also has territorial jurisdiction over the dispute.
Court Disposition
Appeal transferred for want of jurisdiction.
Orders
- The appeal is transferred to the Environment and Land Court at Nyahururu for disposal.
- The Deputy Registrar is directed to send the court file to the Environment and Land Court at Nyahururu.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NO. 67 OF 2014
KENYA POWER & LIGHTING CO. LTD................APPELLANT
VERSUS
MATHENGE MINJA RIGUGA......................1ST RESPONDENT
KEIRU GATIKI...............................................2ND RESPONDENT
DIRECTIONS
This appeal arose from the judgment of the lower court delivered on the 11/12/2013 in Nyahururu Senior Principal Magistrates Court Case No. 361 of 2010 between the parties hereto.
Looking at the Amended plaint dated 23rd December 2010 the claim by the plaintiffs against the defendant was for compensation for damaged properties (trees) by the defendant in the plaintiffs land parcels as it lay electricity lines through the said land parcels, purportedly upon a way leave consent on the use of the plaintiffs land parcels.
Upon hearing the suit, the trial court found in favour of the plaintiffs and ordered compensation against the defendant, giving rise to this appeal.
The dispute was essentially over land use. The Environment and Land Courtwas established under Section 4 of the Environment and Land Act NO. 19 of 2011. Section 13 of the Act gives the Land court original and appellate jurisdiction to hear and determine the disputes in accordance with Article 162 (2) (b) of the Constitution.
The High Court has no jurisdiction to hear any land disputes except, to finalise those that had been part heard before the establishment of the said court.
Being an appeal from the Magistrate’s Court, the Environment and Land Court having appellate Jurisdiction, I decline to hear and determine the Appeal for lack of Jurisdiction.
For the above reasons, I hereby transfer the Appeal for disposal to the Environment and Land Court at Nyahururu which Court also has territorial Jurisdiction thereof.
The Deputy Registrar of this Court is directed to send the court file to the ELC Court at Nyahururu, where parties shall mention the appeal before the Judge for directions, taking into account that they have already filed their submissions.
Delivered, signed and dated at Nakuru this 12th day of March 2020.
………………
J.N MULWA
JUDGE.