[2017] KEELC 2250 (KLR)
The court adopted the consent of the parties to maintain the status quo, restraining the defendants from demolishing the plaintiff's commercial building pending the court's ruling on jurisdiction. This was necessary to prevent irreparable harm and to ensure that the court's jurisdictional determination would not be...
Source-derived case information.
- Citation
- [2017] KEELC 2250 (KLR)
- Parties
- Plaintiff: Mutegi Mugwetwa; Defendant: County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi; Defendant: County Government of Tharaka Nithi Director General; Defendant: Kenya Urban Rural Authority; Defendant: Kenya Urban Roads Authority; Defendant: The Regional Manager-Upper Eastern (Kenya Urban Roads Authority); Defendant: Territorial Works (K) Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2017
- Procedural Posture
- Ruling / Interlocutory; Pending Determination of Jurisdictional Issues
- Outcome
- Status quo order granted by consent; demolition restrained pending jurisdictional ruling.
- Judges
- FM Njoroge
- Legal Topics
- Status Quo Orders, Jurisdiction of Courts, Demolition Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Plaintiff
County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi
Defendant
County Government of Tharaka Nithi Director General
Defendant
Kenya Urban Rural Authority
Defendant
Kenya Urban Roads Authority
Defendant
The Regional Manager-Upper Eastern (Kenya Urban Roads Authority)
Defendant
Territorial Works (K) Ltd
Defendant
Procedural Posture
Ruling / Interlocutory; Pending Determination of Jurisdictional Issues
Legal Issues
- 1 Whether the court has jurisdiction to hear the matter in light of prior High Court proceedings and the Supreme Court's pronouncement on jurisdiction of courts of equal status.
- 2 Whether a status quo order should be maintained pending the determination of jurisdictional issues.
Ratio Decidendi
The court adopted the consent of the parties to maintain the status quo, restraining the defendants from demolishing the plaintiff's commercial building pending the court's ruling on jurisdiction. This was necessary to prevent irreparable harm and to ensure that the court's jurisdictional determination would not be rendered nugatory by irreversible actions. The court emphasized that no substantive steps should be taken until the question of jurisdiction is resolved, in line with constitutional and procedural requirements.
Court Disposition
Status quo order granted by consent; demolition restrained pending jurisdictional ruling.
Orders
- The status quo be maintained restraining the defendants either by themselves, their agents or servants and other interested parties from demolishing plaintiff's commercial building erected on Chuka Town, No. 3 and 4 pending the ruling.
- The consent is adopted as an order of the court and takes effect immediately.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 215 OF 2017
FORMERLY EMBU ELC CASE NO.266 OF 2015
FORMERLY MERU ELC CASE NO.8 OF 2015
MUTEGI MUGWETWA................................................PLAINTIFF
VERSUS
COUNTY MINISTRY OF LANDS, PHYSICAL PLANNING ENERGY
& ICT COUNTY GOVERNMENT OF THARAKA NITHI ……….................…..1ST DEFENDANT
COUNTY GOVERNMENT OF THARAKA NITHI DIRECTOR GENERAL.......2ND DEFENDANT
(KENYA URBAN RURAL AUTHORITY)………….............................…..…….3RD DEFENDANT
KENYA URBAN ROADS AUTHORITY…………….................................….....4TH DEFENDANT
THE REGIONAL MANAGER-UPPER EASTERN
(KENYA URBAN ROADS AUTHORITY) …………………………………...…...5TH DEFENDANT
TERRITORIAL WORKS (K) LTD…………………...................................…….6TH DEFENDANT
RULING
1. Pending the court’s ruling on jurisdictional issues appertaining to this suit which concern proceedings that took place in the High Court before the Supreme Court pronounced itself on the jurisdiction of the High Court vis-à-vis Courts of equal status, the parties proffered a consent to maintain status quo which consent is in the following terms:
“The status quo be maintained restraining the defendants either by themselves, their agents or servants and other interested parties form demolishing plaintiff’s commercial building erected on Chuka Town, No. 3 and 4 pending the ruling.”
2. The consent is adopted as an order of this court and the said order takes effect immediately.
3. The ruling concerning the jurisdictional issues raised by the parties to be delivered on 31. 7.2017.
Delivered in open court at Chuka this 11th day of July, 2017 in the presence of:
CA: Ndegwa
Mwiti h/b Murango Mwenda for 1st defendant
Murimi Murango for the plaintiff
Miss Kungu for 3rd, 4th and 5th defendants
Miss Kungu h/b Waweru for proposed interested party
P. M. NJOROGE
JUDGE