[2020] KEHC 1223 (KLR)
The court determined that it lacks jurisdiction to hear and determine the Chamber Summons dated 24th November 2020 because the dispute concerns the use and occupation of land, which is within the exclusive jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the...
Source-derived case information.
- Citation
- [2020] KEHC 1223 (KLR)
- Parties
- Applicant: Nirmal Singh Sidhu; Applicant: Kevin Mulei; Applicant: Samson Michael; Applicant: Kulvinder Rana; Applicant: Mohammed Bank; Applicant: Jasbir Kaur Sidhu; Applicant: Hawa Dirie Huki; Applicant: Nidhi Rana; Applicant: Fatima Hassan Hussein; Respondent: Director-General, National Environment Management Authority; Respondent: County Government of Nairobi; Interested Party: Lavington United Church
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1143 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred to the Environment and Land Court for hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Courts, Environmental Impact Assessment, Change of Land Use, Zoning Regulations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nirmal Singh Sidhu
Applicant
Kevin Mulei
Applicant
Samson Michael
Applicant
Kulvinder Rana
Applicant
Mohammed Bank
Applicant
Jasbir Kaur Sidhu
Applicant
Hawa Dirie Huki
Applicant
Nidhi Rana
Applicant
Fatima Hassan Hussein
Applicant
Director-General, National Environment Management Authority
Respondent
County Government of Nairobi
Respondent
Lavington United Church
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to the use and occupation of land.
- 2 Whether the application should be transferred to the Environment and Land Court.
Ratio Decidendi
The court determined that it lacks jurisdiction to hear and determine the Chamber Summons dated 24th November 2020 because the dispute concerns the use and occupation of land, which is within the exclusive jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the matter must be transferred to the appropriate court for further hearing and determination.
Court Disposition
Application transferred to the Environment and Land Court for hearing and determination.
Orders
- This suit is transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The Applicants’ Chamber Summons dated 24th November 2020 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 10th December 2020 for directions.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1143 OF 2020
BETWEEN
NIRMAL SINGH SIDHU.................................................................................1ST APPLICANT
KEVIN MULEI................................................................................................2ND APPLICANT
SAMSON MICHAEL......................................................................................3RD APPLICANT
KULVINDER RANA........................................................................................4TH APPLICANT
MOHAMMED BANK......................................................................................5TH APPLICANT
JASBIR KAUR SIDHU...................................................................................6TH APPLICANT
HAWA DIRIE HUKI........................................................................................7TH APPLICANT
NIDHI RANA..................................................................................................8TH APPLICANT
FATIMA HASSAN HUSSEIN.........................................................................9TH APPLICANT
VERSUS
THE DIRECTOR-GENERAL, NATIONAL ENVIRONMENT
MANAGEMENT AUTHORITY....................................................................1ST RESPONDENT
COUNTY GOVERNMENT OF NAIROBI................................................2ND RESPONDENT
AND
LAVINGTON UNITED CHURCH...........................................................INTERESTED PARTY
RULING
The Application
1. The Applicants herein have filed an application by way of a Chamber Summons dated 24th November 2020, seeking the following orders:
1. THAT the matter be certified as urgent.
2. THAT leave of court be granted to seek Judicial Review Orders of:
a) CERTIORARI- To bring into this court and to quash the National Environment Management Authority (NEMA) Environmental Impact Assessment License No. NEMA/EIA/PSL/8582 dated 24th October, 2019, issued by the 1st Respondent.
b) CERTIORARI- To bring into this court and to quash the Nairobi City County Change of User Approval, PPA-CUAAB493, issued by the 2nd Respondent on 23rd October, 2018.
c) PROHIBITION- To prohibit against further or any other construction that is in breach of the Zoning Regulations of the 2nd Respondent.
d) THAT the leave granted in (2) above operate as stay of the Environmental Impact Assessment License No. NEMA/EIA/PSL/8582 dated 24th October, 2019, issued by the 1st Respondent and the Change of User Approval, PPA-CU-AAB493issued by the 2nd Respondent and further restrain the Interested Party from proceeding with the construction on L.R. No. 3734/991 pending the hearing of the substantive application of this matter.
4. THAT any other, further or alternative orders be made as the courtmay deem just and expedient.
5. THAT costs of this application be provided for.
2. It is evident that the ex parte Applicants are seeking orders in relation to the use of land in the said application. Any disputes and orders sought in relation to title, use and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 24th November 2020.
The Orders
3. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The Applicants’ Chamber Summons dated 24th November 2020 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 10th December 2020, for directions.
4. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 3rd December 2020.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE