[2016] KEHC 5303 (KLR)
The High Court determined that, following the establishment and operationalization of the Environment and Land Court, it no longer has jurisdiction over matters involving eviction from land. Section 30 of the Environment and Land Court Act and Articles 165(5)(b) and 162(2) of the Constitution oust the High Court's...
Source-derived case information.
- Citation
- [2016] KEHC 5303 (KLR)
- Parties
- Applicant: Peter Nganga Kamande; Respondent: Mary Waithera
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 362 of 2000
- Procedural Posture
- Civil Case / Ruling on Jurisdiction and Transfer to Appropriate Court
- Outcome
- Matter transferred to the Environment and Land Court for further directions.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction Transfer, Eviction Proceedings, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nganga Kamande
Applicant
Mary Waithera
Respondent
Procedural Posture
Civil Case / Ruling on Jurisdiction and Transfer to Appropriate Court
Legal Issues
- 1 Whether the High Court retains jurisdiction to execute a decree involving eviction from land after the establishment of the Environment and Land Court.
- 2 Whether the matter should be transferred to the Environment and Land Court for further directions.
Ratio Decidendi
The High Court determined that, following the establishment and operationalization of the Environment and Land Court, it no longer has jurisdiction over matters involving eviction from land. Section 30 of the Environment and Land Court Act and Articles 165(5)(b) and 162(2) of the Constitution oust the High Court's jurisdiction in such matters. Therefore, the case must be placed before the Environment and Land Court for further directions and disposal.
Court Disposition
Matter transferred to the Environment and Land Court for further directions.
Orders
- The matter is to be placed before the Environment and Land Court for further directions on its disposal.
- Mention on 28th April 2016 before the Presiding Judge of Environment and Land Court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 362 OF 2000
PETER NGANGA KAMANDE…………………….PLAINTIFF/APPLICANT
VERSUS
MARY WAITHERA ……………....……………DEFENDANT/RESPONDENT
RULING
This matter was heard and determined by this court. What remains is execution process. However, as there appear to have been delay in execution of decree, the applicant seeks to enforce orders which are likely to be challenged giving rise to a hearing that will compel this court to hear both parties. In the premises and as execution of the decree herein involves eviction of the respondent from the suit land, the matter squarely falls within the jurisdiction of the Environment and Land Court. Section 30 of Environment and Land Court Act is clear on this court’s jurisdiction in the transitional period and extend ‘until the establishment of the Environment and Land Court’
The Environment and Land Court is now fully established and operational. In the premises, this court’s jurisdiction is effectively ousted as contemplated by Article 165(5) (b) of the Constitution and Article 162(2) of the Constitution.
I therefore direct the mater herein to be placed before the Environment and Land Court for further directions on its disposal. Mention on 28th April 2016 before the Presiding Judge of Environment and Land Court.
Orders accordingly.
R.E. ABURILI
JUDGE
20. 4.2016