[2016] KEHC 5379 (KLR)
The High Court no longer has jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal following the enactment of the Statute Law Miscellaneous Amendment Act No. 25 of 2015, which amended the relevant statutes to vest such jurisdiction in the Environment and Land Court. As jurisdiction is a...
Source-derived case information.
- Citation
- [2016] KEHC 5379 (KLR)
- Parties
- Appellant: Kinyua Gathuita t/a Makon Freight Agencies; Respondent: Gichugu Housing Co-op Society Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 69 of 2012
- Procedural Posture
- Civil Appeal / Ruling on Directions
- Outcome
- file transferred to the Environment and Land Court for directions; High Court declines jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Appeals From Tribunal, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua Gathuita t/a Makon Freight Agencies
Appellant
Gichugu Housing Co-op Society Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Directions
Legal Issues
- 1 Whether the High Court retains jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal after the 2015 statutory amendments.
- 2 What is the proper course of action for pending appeals affected by the change in jurisdiction.
Ratio Decidendi
The High Court no longer has jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal following the enactment of the Statute Law Miscellaneous Amendment Act No. 25 of 2015, which amended the relevant statutes to vest such jurisdiction in the Environment and Land Court. As jurisdiction is a threshold issue, the court must down its tools and cannot proceed to determine the merits of the appeal. The proper course is to transfer the file to the Environment and Land Court for further directions or orders regarding its disposal.
Court Disposition
file transferred to the Environment and Land Court for directions; High Court declines jurisdiction
Orders
- This file is hereby placed before the Environment and Land Court for further directions/orders as to its disposal.
- Mention on 26th April, 2016 before the Environment and Land Court, Nairobi.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL CASE NO.69 OF 2012
KINYUA GATHUITA T/A MAKON FREIGHT AGENCIES......................APPELLANT
VERSUS
GICHUGU HOUSING CO-OP SOCIETY LTD......................................RESPONDENT
RULING ON DIRECTIONS
This appeal filed in 2012 arises from the decision of the Chairman of Business Rent Tribunal made on 3rd June 2011in Business Premises Rent Tribunal case No. 885,980 and 977 of 2009 consolidated by D. Mochache (Mrs) Chairperson .
The appeal was admitted to hearing on 15th May 2014 and on 29th September 2014 directions were given as to the hearing of the appeal with the presiding judge directing that the appeal would be heard before a two judge bench.
The party’s advocates agreed to file written submissions to dispose of the appeal which submissions were dutifully filed. The matter was pending highlighting of the submissions but the same could not proceed on 24th June 2015 as the two judge bench judges were engaged in other hearings fixed prior. Honourable Mabeya J was then transferred and so far no other judge has been assigned to join me to constitute a two judge bench. The matter was then directed to be placed before me on 30th November 2015 by Honourable Mbogholi J the Presiding Judge but nothing seems to have transpired on that date.
As time went by, several changes in the applicable law have taken place. On 15th December 2015, Parliament enacted the Statute Law Miscellaneous Amendment Act No. 25 of 2015 and by an amendment to Section 15 and 16(2) of the Landlord and Tenants (Shops, Hotels and Catering Establishment Act ( Cap 301) of the Laws of Kenya and Sections 4(a) and 8(2) of the Rent Restriction Act Cap 296 of Laws of Kenya, the jurisdiction of the High Court to hear and determine appeals emanating from Business Premises Rent Tribunal was divested and vested/conferred in the court of equal status, the Environment and Land Court. That being the case, this court, with effect from 15th December 2015 is bereft of any jurisdiction to hear and determine this appeal on its merits. And as jurisdiction is everything, without which a court of law acts in vain. Accordingly, I have no option but to down my tools and direct that this file be and is hereby placed before Environment and Land Court for further directions/orders as to its disposal. Mention on 26th April, 2016 before the Environment and Land Court, Nairobi.
Dated, signed and delivered in open court at Nairobi this 14th day of April 2016.
R.E. ABURILI
JUDGE