[2019] KEELC 2157 (KLR)
The court determined that the proper procedure for the application was to file it before the court that issued the original orders. As such, the Environment and Land Court lacked jurisdiction to entertain the application at this stage, and the matter should be transferred to the lower court for determination. This...
Source-derived case information.
- Citation
- [2019] KEELC 2157 (KLR)
- Parties
- Plaintiff: Mary Wanjiku Mwaura; Defendant: OCS Soweto Police Station/Officer in Charge of Administration Police Umoja Division; Defendant: David Maina Wairimu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 348 of 2016
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Application transferred to the lower court.
- Judges
- LC Komingoi
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiku Mwaura
Plaintiff
OCS Soweto Police Station/Officer in Charge of Administration Police Umoja Division
Defendant
David Maina Wairimu
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application should be heard by the current court or transferred to the court that issued the original orders.
Ratio Decidendi
The court determined that the proper procedure for the application was to file it before the court that issued the original orders. As such, the Environment and Land Court lacked jurisdiction to entertain the application at this stage, and the matter should be transferred to the lower court for determination. This ensures that the court with the requisite knowledge and authority over the original orders addresses any issues arising therefrom, maintaining procedural propriety and judicial order.
Court Disposition
Application transferred to the lower court.
Orders
- This matter is hereby transferred to the lower court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 348 OF 2016
MARY WANJIKU MWAURA.....................................................PLAINTIFF/APPLICANT
VERSUS
THE OCS SOWETO POLICE STATION/OFFICER IN CHARGE OF
ADMINISTRATION POICE UMOJA DIVISION.....1ST DEFENDANT/RESPONDENT
DAVID MAINA WAIRIMU..........................................2ND DEFENDANT/RESPONDENT
RULING
I have considered the notice of motion dated 15th December 2016. The proper procedure would be to file this application before the court which issued the orders. This matter is hereby transferred to the lower court.
It is so ordered.
Dated, signed and delivered in Nairobi on this 4TH day of JULY 2019.
...........................
L. KOMINGOI
JUDGE
In the presence of:-
....................................Advocate for the Plaintiff
................................Advocate for the Defendants
.....................................................Court Assistant