[2023] KEHC 23313 (KLR)
The High Court determined that, following the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court, it no longer retains jurisdiction over land matters such as the present suit, which was initiated prior to these changes. Since the dispute concerns land parcel East...
Source-derived case information.
- Citation
- [2023] KEHC 23313 (KLR)
- Parties
- Plaintiff: George Odhiambo; Respondent: Charles Ndiri (Deceased); Respondent: Rose Onyango Owala; Respondent: George Omondi Owala; Applicant: Robert Owala
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 197 of 1992
- Procedural Posture
- Civil Case / Ruling on Transfer of Suit to Appropriate Court
- Outcome
- Suit transferred to Siaya Environment and Land Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction Transfer, Environment and Land Court, Transitional Provisions, Eviction Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Odhiambo
Plaintiff
Charles Ndiri (Deceased)
Respondent
Rose Onyango Owala
Respondent
George Omondi Owala
Respondent
Robert Owala
Applicant
Procedural Posture
Civil Case / Ruling on Transfer of Suit to Appropriate Court
Legal Issues
- 1 Whether the High Court retains jurisdiction over land matters initiated before the 2010 Constitution and establishment of the Environment and Land Court.
- 2 Whether the pending issues in the suit should be determined by the Environment and Land Court.
Ratio Decidendi
The High Court determined that, following the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court, it no longer retains jurisdiction over land matters such as the present suit, which was initiated prior to these changes. Since the dispute concerns land parcel East Gem/Nyamninia/736 and any pending issues relate to land and eviction, the matter falls squarely within the jurisdiction of the Environment and Land Court. The court therefore ordered the transfer of the file to the Siaya Environment and Land Court for further consideration of any outstanding issues, and directed that the file be closed in the High Court.
Court Disposition
Suit transferred to Siaya Environment and Land Court; High Court file closed.
Orders
- The matter is transferred to Siaya Environment and Land Court for further consideration of any pending issues.
- The file is to be transmitted to Siaya ELC forthwith upon this ruling being typed and a skeleton file opened to hold the Ruling.
Full Case Text
Judgment text and source record
28 paragraphs
Odhiambo v Ndiri (Deceased) & 2 others; Owala (Intended Interested Party) (Civil Case 197 of 1992) [2023] KEHC 23313 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23313 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Case 197 of 1992
RE Aburili, J
October 4, 2023
Between
George Odhiambo
Plaintiff
and
Charles Ndiri (Deceased)
1st Respondent
Rose Onyango Owala
2nd Respondent
George Omondi Owala
3rd Respondent
and
Robert Owala
Intended Interested Party
Ruling
1. This suit was initiated in this court in 1992 before the 2010 Constitution was promulgated and before the Environment and Land Court was established.
2. It follows that after 2010, this court was handling the case in the transitional period which period is over. The matter was determined up to the Court of Appeal level and therefore any pending issue should be determined by the Environment and Land Court.
3. As the land subject of the dispute and eviction process is East Gem/Nyamninia/736 situate within the jurisdiction of Siaya Environment and Land Court, I hereby transfer this matter to Siaya Environment and Land Court for further consideration of any pending issues.
4. This file is to be transmitted to Siaya ELC forthwith upon this ruling being typed and a skeleton file opened to hold the Ruling.
5. Mention before Siaya Environment and Land Court on October 31, 2023 for directions.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE