[2013] KEHC 5969 (KLR)
The court held that, unless judicially overruled, the Environment and Land Court possesses the constitutional status of the High Court and therefore has jurisdiction to hear and determine judicial review matters, including applications for orders of certiorari and prohibition, provided such matters fall within its...
Source-derived case information.
- Citation
- [2013] KEHC 5969 (KLR)
- Parties
- Applicant: Republic; Respondent: District (as Chairman Meru Central District Land Disputes Tribunal); Respondent: Land Disputes Tribunal Abogeta Division; Interested Party: Julius Kiara; Ex Parte Applicant: Ephantus Riungu Magiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 145 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction
- Outcome
- Court affirms jurisdiction of the Environment and Land Court to hear judicial review matters within its mandate.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Jurisdiction of Environment and Land Court, Land Disputes Tribunal, Certiorari, Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District (as Chairman Meru Central District Land Disputes Tribunal)
Respondent
Land Disputes Tribunal Abogeta Division
Respondent
Julius Kiara
Interested Party
Ephantus Riungu Magiri
Ex Parte Applicant
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear judicial review matters related to its mandate.
- 2 Whether the orders of certiorari and prohibition can be entertained by the Environment and Land Court.
Ratio Decidendi
The court held that, unless judicially overruled, the Environment and Land Court possesses the constitutional status of the High Court and therefore has jurisdiction to hear and determine judicial review matters, including applications for orders of certiorari and prohibition, provided such matters fall within its mandate. This conclusion was reached by reference to a prior ruling in ELC Misc Application 163 of 2006 and the relevant constitutional and statutory provisions, specifically the Law Reform Act and the Constitution of Kenya, which empower the court to exercise judicial review over land-related disputes.
Court Disposition
Court affirms jurisdiction of the Environment and Land Court to hear judicial review matters within its mandate.
Orders
- The Environment and Land Court has jurisdiction to hear and determine judicial review matters related to its mandate.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
Environment & Land Case MISC APPLICATION NO. 145 OF 2006
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF CERTIORARI/PROHIBITION AGAISNT THE MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL ABOGETA DIVISION
AND
IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF THE REGISTERED LAND ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF MERU CENTRAL LAND DISPUTES TRIBUNAL CASE NO. 59 OF 2005
AND
IN THE MATTER OF LAND P ARCEL NO. ABOGETA/U-KITHANGARI/309
AND
IN THE M ATTER OF MERU CMCC L.D.T NO.11 OF 2006
REPUBLIC …..............................................................................................................................APPLICANT
VERSUS THE DISTRICT (AS CHAIRMAN MERU
CENTRAL DISTRICT LAND DISPUTES TRIBUNAL)..............................................1ST RESPONDENT
LAND DISPUTES TRIBUNAL ABOGETA DIVISION...............................................2ND RESPONDENT
JULIUS KIARA..............................................................................................................INTERESTED PARTY
EX-PARTE.......................................................................................................EPHANTUS RIUNGU MAGIRI
R U L I N G
On 6. 12. 12 when this file was in Court for mention to fix a hearing date, the ex-parte applicant asked the Court to address the issue of whether it has jurisdiction to handle Judicial Review matters.
The respondent and the Interested Party supported him.
In view of my ruling in ELC Misc Application 163 of 2006 on 2nd May, 2013, and unless my view is Judicially overruled, I find that the environment and Land Court has the Constitutional status of the High Court and has jurisdiction to hear Judicial Review matters germane to its mandate.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 10TH DAY OF MAY, 2013 IN THE PRESENCE OF:
B. G. Kariuki for Exparte Applicant
Menge for Respondents – Absent
Arithi for Interested party - Absent
P. M. NJOROGE
JUDGE