[2024] KEHC 15251 (KLR)
The High Court at Kisumu lacks jurisdiction to hear and determine appeals arising from the Magistrate’s Environment and Land Court in matters relating to land and environment. The Constitution and the Environment and Land Court Act expressly reserve such jurisdiction for the Environment and Land Court. As such, any...
Source-derived case information.
- Citation
- [2024] KEHC 15251 (KLR)
- Parties
- Appellant: Zaso Shikuku Omullo; Respondent: Lolwe Housing Co-operative Society; Respondent: Grace Anyango Sewe; Respondent: Meshack Oduor Ndolo; Respondent: Paul Ochieng Oselu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E244 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Environment and Land Court Jurisdiction, Res Judicata, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaso Shikuku Omullo
Appellant
Lolwe Housing Co-operative Society
Respondent
Grace Anyango Sewe
Respondent
Meshack Oduor Ndolo
Respondent
Paul Ochieng Oselu
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear appeals from the Magistrate’s Environment and Land Court.
- 2 Whether the appeal was properly filed before the correct court as required by law.
Ratio Decidendi
The High Court at Kisumu lacks jurisdiction to hear and determine appeals arising from the Magistrate’s Environment and Land Court in matters relating to land and environment. The Constitution and the Environment and Land Court Act expressly reserve such jurisdiction for the Environment and Land Court. As such, any appeal filed in the High Court in respect of a land and environment matter is incompetent and must be struck out for want of jurisdiction. The court must immediately down its tools upon finding it lacks jurisdiction, as any further proceedings would be a nullity.
Court Disposition
Appeal struck out for want of jurisdiction.
Orders
- The appeal is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
Omullo v Lolwe Housing Co-operative Society & 3 others (Civil Appeal E244 of 2024) [2024] KEHC 15251 (KLR) (29 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15251 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E244 of 2024
RE Aburili, J
November 29, 2024
Between
Zaso Shikuku Omullo
Appellant
and
Lolwe Housing Co-operative Society
1st Respondent
Grace Anyango Sewe
2nd Respondent
Meshack Oduor Ndolo
3rd Respondent
Paul Ochieng Oselu
4th Respondent
(An appeal arising out of the Judgement and Decree of the Honourable E.N. Mwenda (PM) in Kisumu MCELC No. E013 of 2024 delivered on the 14{{^th}} November, 2024)
Ruling
1. From the heading of this appeal, it is purportedly filed in the Environment and Land Division of the High Court at Kisumu.
2. This court does not have such a Division and neither does such a Division exist in any High Court of Kenya.
3. That said, the appeal herein arises from Kisumu Chief Magistrate’s Court ELC Case No. E013 of 2024 where the Chief Magistrate’s court exercising jurisdiction of an ELC struck out the appellant’s suit for being res judicata.
4. The question is, where do appeals lie from Magistrate’s ELC?
5. The answer is found in Section 13 of the Environment and Land Court Act and Articles 162(2) (b) and 165(5) (b) of the Constitution which bar this court from hearing and determining disputes relating to Land and Environment.
6. Jurisdiction is everything without which, a court of law acts in vain and the moment a court finds that it has no jurisdiction in a matter, it must down its tools and say no more. See Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd. (1989) where it was pronounced that:“Jurisdiction is everything. Without it a court has no power to make one more step. Where a court has no jurisdiction there would be no basis for a continuation of proceedings pending other evidence. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction….Where a court takes it upon itself to exercise jurisdiction which it does not possess, its decision amounts to nothing. Jurisdiction must be acquired before judgement is given.”
7. In this case, it is obvious that the appeal is filed in a wrong court. this court’s jurisdiction in matters land and environment is expressly ousted by Article 165(5) (b) of the Constitution.
8. Accordingly, for want of jurisdiction, this appeal is hereby struck out with no orders as to costs and this file is closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE