[2016] KEHC 5732 (KLR)
The High Court lacks jurisdiction to determine disputes relating to the use and occupation of land, as such matters are reserved for the Environment and Land Court under Article 162(2)(b) of the Constitution. Since the applicants' motion concerns enforcement notices affecting land use and occupation, the proper...
Source-derived case information.
- Citation
- [2016] KEHC 5732 (KLR)
- Parties
- Applicant: Philip Kingori Nderitu; Applicant: Esther Muthoni Nderitu; Respondent: The Director of Lands and Housing & Urban Development
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 2 of 2015
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdiction
- Outcome
- Application transferred to the Environment and Land Court for want of jurisdiction.
- Judges
- MM Kasango
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Environment and Land Court, Physical Planning Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kingori Nderitu
Applicant
Esther Muthoni Nderitu
Applicant
The Director of Lands and Housing & Urban Development
Respondent
Procedural Posture
Judicial Review Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a matter involving use and occupation of land.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to determine disputes relating to the use and occupation of land, as such matters are reserved for the Environment and Land Court under Article 162(2)(b) of the Constitution. Since the applicants' motion concerns enforcement notices affecting land use and occupation, the proper forum is the Environment and Land Court. The court therefore ordered the transfer of the file to the Nyeri Environment and Land Court for hearing and determination.
Court Disposition
Application transferred to the Environment and Land Court for want of jurisdiction.
Orders
- The file is transferred to the Nyeri Environment and Land Court.
- Parties to be given a mention date before the Environment and Land Court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
HCJRA. NO. 2 of 2015
PHILIP KINGORINDERITU………………...……APPLICANT
- VERSUS -
THE DIRECTOR OF LANDS AND HOUSING
& URBAN DEVELOPMENT ………………... RESPONDENT
RULING
1. PHILIP KINGORINDERITU and ESTHER MUTHONINDERITU,the exparte application, by their Notice of Motion dated 23rd October, 2015 seek order of certiorari and prohibition directed at the County Government of Laikipia enforcement Notice issued under Physical Planning Act Cap 286.
2. The parties submitted in writing and I reserved my judgment for today.
3. When however I began to consider the matter itbecame clear that this court does not have jurisdiction to entertain the matter. This is because the matter involves the use and occupation of land.
4. Under Article 162 (2) (b) of the Constitution this matter can only be entertained in the Environment and Land court.
5. It is for that reason that I hereby transfer this file to Nyeri Environment and land court. At the readingof this Ruling I shall give the parties a mention date before that court.
Dated and Delivered at Nanyuki this 7th April, 2016
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant – Njue
For Applicant …………………………………….
For Respondent …………………………………
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE