[2019] KEHC 8161 (KLR)

[2019] KEHC 8161 (KLR)

The High Court, upon review of the record, found that the dispute concerns land issues. Pursuant to Article 162(2) as read with Article 165(5) of the Constitution of Kenya, 2010, jurisdiction over such matters is exclusively vested in the Environment and Land Court. The High Court therefore lacks jurisdiction to...

Source-derived case information.

Citation
[2019] KEHC 8161 (KLR)
Parties
Plaintiff: Rafael Oundia Omoga; Defendant: Edward Ajei Olao; Defendant: Joel Olao Rubuti
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Case 81 of 1979
Procedural Posture
Civil Case / Ruling on Jurisdiction and Transfer
Outcome
The High Court found it lacked jurisdiction and ordered the transfer of the matter to the Environment and Land Court.
Judges
DN Musyoka
Legal Topics
Jurisdiction Transfer, Environment and Land Court, Constitutional Jurisdiction
Source Language
en
Land and Property Jurisdiction Transfer Environment and Land Court Constitutional Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rafael Oundia Omoga

Plaintiff

Edward Ajei Olao

Defendant

Joel Olao Rubuti

Defendant

Procedural Posture

Civil Case / Ruling on Jurisdiction and Transfer

Legal Issues

  1. 1 Does the High Court have jurisdiction to hear and determine land disputes after the promulgation of the 2010 Constitution?.
  2. 2 Should the matter be transferred to the Environment and Land Court for determination?.

Ratio Decidendi

The High Court, upon review of the record, found that the dispute concerns land issues. Pursuant to Article 162(2) as read with Article 165(5) of the Constitution of Kenya, 2010, jurisdiction over such matters is exclusively vested in the Environment and Land Court. The High Court therefore lacks jurisdiction to hear and determine the dispute. Consequently, the court ordered the transfer of the file and all related papers to the Environment and Land Court for disposal, ensuring that the matter is heard by the court with the proper constitutional mandate.

Court Disposition

The High Court found it lacked jurisdiction and ordered the transfer of the matter to the Environment and Land Court.

Orders

  • The file of papers herein be transferred to the Environment and Land Court for disposal.