[2016] KEHC 5338 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine the present dispute, as the subject matter relates to ownership and occupation of land. The promulgation of the Constitution of Kenya 2010 and the enactment of the Environment and Land Court Act vested exclusive jurisdiction over such matters...
Source-derived case information.
- Citation
- [2016] KEHC 5338 (KLR)
- Parties
- Plaintiff: Ndunyu Co-operative Society Limited; Defendant: Archdiocese of Nairobi (K) Registered Trustees; Defendant: County Council of Kiambu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 255 of 2010
- Procedural Posture
- Civil Case / Ruling on Jurisdiction
- Outcome
- Transferred to the Environment and Land Court for consideration of pending issues.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Court, Environment and Land Court Transfer, Ownership of Land, Constitutional Provisions on Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndunyu Co-operative Society Limited
Plaintiff
Archdiocese of Nairobi (K) Registered Trustees
Defendant
County Council of Kiambu
Defendant
Procedural Posture
Civil Case / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to ownership and occupation of land after the promulgation of the Constitution of Kenya 2010.
- 2 Whether the suit should be transferred to the Environment and Land Court in light of Article 162(2)(b) and Section 13(1) of the Environment and Land Court Act.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine the present dispute, as the subject matter relates to ownership and occupation of land. The promulgation of the Constitution of Kenya 2010 and the enactment of the Environment and Land Court Act vested exclusive jurisdiction over such matters in the Environment and Land Court. Although the suit was instituted before the effective date of the new constitutional provisions, the court exercised its discretion under Section 30 of the Environment and Land Court Act to transfer the matter to the appropriate court, as it had not yet been heard. The court thus directed that the matter be placed before the Environment and...
Court Disposition
Transferred to the Environment and Land Court for consideration of pending issues.
Orders
- The matter is to be placed before the Environment and Land Court for consideration of any pending issues.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 255 OF 2010
NDUNYU CO-OPERATIVE SOCIETY LIMITED........PLAINTIFF
VERSUS
ARCHDIOCESE OF NAIROBI (K)
REGISTERED TRUSTEES …………........….1ST DEFENDANT
COUNTY COUNCIL OF KIAMBU…………..2ND DEFENDANT
RULING ON JURISDICTION OF THE HIGH COURT
The application dated 13th November 2015 seeks for dismissal of this suit against the defendants for want of prosecution and costs of the application.
However, my perusal of the application and suit reveals that the subject matter of the dispute relates to ownership and occupation of land parcel No. Kabete/Lower Kabete/T. 384 and T. 434.
That being the case, albeit this suit was instituted before the effective date of 27th August 2010, it is clear that it has been caught up by the provisions of Article 162 (2) (b), 165(5)(b) of the Constitution and Section 13(1) of the Environment and Land Court Act.
Accordingly, and as the matter has not been heard before this court, I exercise my discretion under Section 30 of the Environment and Land Court Act, 2011 and direct that this matter be placed before the Environment and Land Court for consideration of any pending issues.
Dated, signed and delivered in open court at Nairobi this 12th day of April 2016.
R.E. ABURILI
JUDGE