[2017] KEHC 4420 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because, pursuant to Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act 2012, all matters relating to the environment, use, occupation, and title to land fall within the exclusive...
Source-derived case information.
- Citation
- [2017] KEHC 4420 (KLR)
- Parties
- Appellant: Melenia Ochola Onay; Respondent: Silvanus Odhiambo; Respondent: Vincent Wando Obwlo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 166 of 2010
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- file referred to the Environment and Land Court for want of jurisdiction
- Judges
- CM Njagi
- Legal Topics
- Jurisdiction of Courts, Environment and Land Court, Appeals From Land Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Melenia Ochola Onay
Appellant
Silvanus Odhiambo
Respondent
Vincent Wando Obwlo
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal relating to land disputes after the promulgation of the Constitution of Kenya 2010 and the enactment of the Environment and Land Court Act 2012.
- 2 Whether the appeal should have been filed in the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because, pursuant to Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act 2012, all matters relating to the environment, use, occupation, and title to land fall within the exclusive jurisdiction of the Environment and Land Court. The court held that both original and appellate jurisdiction in such matters are reserved for the Environment and Land Court, and therefore, the appeal should have been filed there. Consequently, the High Court referred the file to the Kakamega Environment and Land Court for hearing and determination of the appeal.
Court Disposition
file referred to the Environment and Land Court for want of jurisdiction
Orders
- This court has no jurisdiction to entertain the matter.
- The file is referred to the Kakamega Environment and Land Court for hearing and determination of the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL APPEAL NO.166 OF 2010
MELENIA OCHOLA ONAY...............................APPELLANT
VERSUS
(1) SILVANUS ODHIAMBO
(2) VINCENT WANDO OBWLO..............RESPONDENTS
(From the ruling of Hon p.n. Areri, RM in Kakamega CM’s Court in
Award No.37 of 2009 delivered on 12th November, 2010)
RULING
1. This matter relates to land where the lower court in Kakamega Award No.32 of 2009 adopted the award of Imanga-Mumias Land Disputes Tribunal and entered judgment for the respondents. The appellant has appealed to this court against the said adoption of the award.
2. Both advocates for the parties, Amasakha & Co. Advocates appearing for the 2nd respondent (1st respondent is now deceased) and M/s Phoebe Munihu Muleshe & Co. Advocates, appearing for the appellant filed submissions in the matter. The 2nd respondent is challenging the jurisdiction of this court to hear the appeal.
3. Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act 2012 reserves the jurisdiction to hear matters relating to the environment, the use of and occupation and title to land to the Environment and Land Court. Under the Act the said court has both original and appellate jurisdiction in matters relating to land. This appeal should therefore have been filed with the Environment and Land court.
In the foregoing I do hold that this court has no jurisdiction to entertain the matter. The file is referred to the Kakamega Environment and Land Court for hearing and determination of the appeal.
Delivered, dated and signed at Kakamega this 28th day of June, 2017.
J. NJAGI
JUDGE
In the presence of:
Shifwoka H/B Muleshe………….. for appellant
Masake …….…….….. for respondent absent
…………………......…………….. Court Assistant
Appellant …………………………..……… Absent
Respondents …………………………..… Absent