[2017] KEHC 7611 (KLR)
Although the applicant presented compelling reasons for the transfer of the suit, including the nature of the dispute as a land matter and the applicant's advanced age, the court was bound by an administrative directive from the Chief Justice. This directive required that all transfers from lower courts to the High...
Source-derived case information.
- Citation
- [2017] KEHC 7611 (KLR)
- Parties
- Applicant: Obadiah Muruja Mugendi; Respondent: Charles Kabiti Japhet; Respondent: Meru South/Maara Lands Adjudication Officer; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application dismissed (not allowed) due to administrative directive
- Legal Topics
- Transfer of Suits, Jurisdiction, Land Disputes, Administrative Edicts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obadiah Muruja Mugendi
Applicant
Charles Kabiti Japhet
Respondent
Meru South/Maara Lands Adjudication Officer
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the court should transfer Chuka Civil Case No. 109 of 2014 to the High Court for trial and disposal.
- 2 Whether the court should issue directions on whether the matter should start de novo or proceed from where it had reached.
- 3 Whether the application should be allowed in light of the administrative directive from the Chief Justice.
Ratio Decidendi
Although the applicant presented compelling reasons for the transfer of the suit, including the nature of the dispute as a land matter and the applicant's advanced age, the court was bound by an administrative directive from the Chief Justice. This directive required that all transfers from lower courts to the High Court and vice versa be held in abeyance pending determination and delivery of a matter in a higher court. The court therefore declined to allow the application, emphasizing the necessity to comply with the administrative edict despite the merits of the application. The registry was further directed not to entertain similar applications until further communication is issued.
Court Disposition
application dismissed (not allowed) due to administrative directive
Orders
- The application to transfer Chuka Civil Case No. 109 of 2014 is not allowed.
- The registry is directed not to entertain applications for transfer of suits from the lower courts to this court and vice versa pending further communication.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA MISCELLANEOUS APPLICATION CAUSE NO. 1 OF 2017
OBADIAH MURUJA MUGENDI……………......…......... ………….APPLICANT
VERSUS
CHARLES KABITI JAPHET…………..........…………………...1ST RESPONDENT
MERU SOUTH/MAARA LANDS ADJUDICATION OFFICER……..2ND RESPONDENT
THE HONOURBLE ATTORNEY GENERAL………..................…..3RD RESPONDENT
RULING
1. This application is dated 9th February, 2017 and seeks orders:
1. That this honourble court be pleased to transfer Chuka Civil Case NO.109 of 2014 and all proceedings thereof to this Honourable Court for trial and disposal.
2. That this honourable court be pleased to issue directions on whether the matter to start de novo or proceed from where the matter had reached.
3. That costs of this application be provided for.
2. The application is buttressed by the affidavit of Obadiah Muruja Mugendi and has the following grounds:
1. That the matter in question herein is a land dispute within the definition set out in Article 162 of the constitution of Kenya 2010.
2. That as such, this suit should be transferred to this Honourable Court for hearing and disposal.
3. Advocate Kijaru urged the court to transfer Chuka Civil Case NO.109 of 2014 to this court for trial and disposal, mainly due to the age of the applicant, who he said was 84 years old and also due to the fact that there was no magistrate gazetted to hear Land Matters at Chuka.
4. I do agree that the applicant has proffered a compelling reason to have the apposite matter transferred to this court. However, there is an administrative edict by the Hon. the Chief Justice, that pending determination and delivery of a matter in a higher court, all transfers from the lower courts to this court and vice versa, should in the interim be held in abeyance.
5. Pending further developments, this application is not allowed.
6. With the expectation that the apposite issues will be resolved soon, I will accord the applicant another date when directions will hopefully be taken.
7. Pending further communication, the registry is directed not to entertain applications for transfer of suits from the lower courts to this court and vice versa.
8. It is so ordered.
9. Directions on 22. 3.2017
Delivered in open court at Chuka this 22nd day of February, 2017, in the presence of:
CA: Ndegwa
Kijaru for the Applicant
Charles Kabiti Japhet – 1st respondent
P. NJOROGE,
JUDGE.