[2021] KEELC 270 (KLR)
The court held that it lacked jurisdiction to review the judgment delivered by another judge who is still serving at the same court. The proper procedure is for the application for review to be placed before the judge who delivered the original judgment. Accordingly, the matter was directed to be mentioned before...
Source-derived case information.
- Citation
- [2021] KEELC 270 (KLR)
- Parties
- Applicant: Milka Nyakio Kanyari; Respondent: Esther Nyambura Richu; Respondent: Peter Nyoro Kahiga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2010
- Procedural Posture
- Miscellaneous Application / Application for Review of Judgment
- Outcome
- Application not considered for lack of jurisdiction; matter referred to original judge.
- Judges
- EK Wabwoto
- Legal Topics
- Review of Judgment, Jurisdiction of Judge, Allocation of Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milka Nyakio Kanyari
Applicant
Esther Nyambura Richu
Respondent
Peter Nyoro Kahiga
Respondent
Procedural Posture
Miscellaneous Application / Application for Review of Judgment
Legal Issues
- 1 Whether the current judge has jurisdiction to review a judgment delivered by another judge who is still serving at the same court.
- 2 Whether the application for review should be considered by the judge who delivered the original judgment.
Ratio Decidendi
The court held that it lacked jurisdiction to review the judgment delivered by another judge who is still serving at the same court. The proper procedure is for the application for review to be placed before the judge who delivered the original judgment. Accordingly, the matter was directed to be mentioned before Hon. Lady Justice Komingoi for consideration of the application and further orders.
Court Disposition
Application not considered for lack of jurisdiction; matter referred to original judge.
Orders
- The file to be placed for mention before Hon. Lady Justice Komingoi for consideration of the application and further orders.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 12 OF 2010
MILKA NYAKIO KANYARI............................................................PLAINTIFF/APPLICANT
VERSUS
ESTHER NYAMBURA RICHU........................................1ST DEFENDANT/RESPONDENT
PETER NYORO KAHIGA...............................................2ND DEFENDANT/RESPONDENT
RULING
This matter was placed before me for consideration of Plaintiff’s application dated 9th June 2021 which application seeks for review of the judgment delivered on 4th June 2020. I have perused the said Judgment and the application and I have noted that the Judgment herein that the Applicant seeks for its review was delivered by my sister Hon. Lady Justice Loice Komingoi. I am not in a position to review the same since the Honourable Judge is still serving at Milimani ELC.
In view of the foregoing, I cannot consider the said application but I will direct that the filed be placed for mention before Hon. Lady Justice Komingoi for consideration of the Application and further orders.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF DECEMBER 2021
E. K. WABWOTO
JUDGE
In the presence of: -
Mr Gatumuta for the Plaintiff/Applicant.
Mr. Nyaramba h/b for Mageto for 2nd Defendant/Respondent.
N/A for 1st Defendant/Respondent.
Court Assistant; Caroline Nafuna.