[2018] KEHC 6704 (KLR)

[2018] KEHC 6704 (KLR)

The High Court determined that the dispute in question, being one of occupation, use, and title to land, falls squarely within the jurisdiction of the Environment and Land Court as per Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, 2011. The practice directions issued by the Chief Justice further clarify that appeals from magistrates' courts on such matters should be heard by the Environment and Land Court. Consequently, the High Court lacks jurisdiction to hear and determine the appeal, and the proper course is to transfer the matter to the Environment and Land Court for hearing and determination.

Citation
[2018] KEHC 6704 (KLR)
Parties
Appellant: Paul Gichuri Kariuki; Appellant: Christopher Weruwa Wahome; Respondent: Wangui Kariuki
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
20 April 2018
Case Number
Civil Appeal 4 of 2016
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Outcome
Appeal transferred to the Environment and Land Court for hearing and determination.
Judges
J Ngaah
Legal Topics
Jurisdiction of Environment and Land Court, Transfer of Cases, Land Occupation Disputes
Source Language
English
Land and Property Jurisdiction of Environment and Land Court Transfer of Cases Land Occupation Disputes

Case Brief

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Parties

Paul Gichuri Kariuki

Appellant

Christopher Weruwa Wahome

Appellant

Wangui Kariuki

Respondent

Procedural Posture

Civil Appeal / Ruling on Jurisdiction and Transfer

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an appeal relating to occupation, use, or title to land.
  2. 2 Whether the appeal should be transferred to the Environment and Land Court.

Ratio Decidendi

The High Court determined that the dispute in question, being one of occupation, use, and title to land, falls squarely within the jurisdiction of the Environment and Land Court as per Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, 2011. The practice directions issued by the Chief Justice further clarify that appeals from magistrates' courts on such matters should be heard by the Environment and Land Court. Consequently, the High Court lacks jurisdiction to hear and determine the appeal, and the proper course is to transfer the matter to the Environment and Land Court for hearing and determination.

Court Disposition

Appeal transferred to the Environment and Land Court for hearing and determination.

Orders

  • The file is to be transferred to the Environment and Land Court forthwith for hearing and determination or for such other directions or orders as that court will deem fit to issue.