[2015] KEHC 3838 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the application because the subject matter involved use, occupation, and title to land. Pursuant to Article 162(2)(b) of the Constitution, such matters are reserved for the Environment and Land Court. The court therefore directed that the...
Source-derived case information.
- Citation
- [2015] KEHC 3838 (KLR)
- Parties
- Applicant: Republic; Respondent: County Council of Vihiga; Interested Party: Ibrahim Assanka Muloma; Ex Parte Applicant: Evans Muyesu Lumwaji
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 37 of 2010
- Procedural Posture
- Miscellaneous Application / Directions on Jurisdiction Prior to Substantive Hearing
- Outcome
- Transferred to the Environment and Land Court for want of jurisdiction.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction of High Court, Transfer to Environment and Land Court, Title to Land, Use and Occupation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Council of Vihiga
Respondent
Ibrahim Assanka Muloma
Interested Party
Evans Muyesu Lumwaji
Ex Parte Applicant
Procedural Posture
Miscellaneous Application / Directions on Jurisdiction Prior to Substantive Hearing
Legal Issues
- 1 Whether the High Court has jurisdiction to determine matters relating to use, occupation, and title to land under Article 162(2)(b) of the Constitution.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the application because the subject matter involved use, occupation, and title to land. Pursuant to Article 162(2)(b) of the Constitution, such matters are reserved for the Environment and Land Court. The court therefore directed that the parties appear before the Environment and Land Court for further proceedings, apologizing for any delay caused by the transfer.
Court Disposition
Transferred to the Environment and Land Court for want of jurisdiction.
Orders
- Parties to appear before the Environment and Land Court on a date to be taken at the Registry.
- Matter transferred to the Environment and Land Court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISC. CIVIL APPLICATION NO. 37 OF 2010 (JR)
REPUBLIC ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
COUNTY COUNCIL OF VIHIGA .......................................................... RESPONDENT
AND
IBRAHIM ASSANKA MULOMA .............................................. INTERESTED PARTY
EVANS MUYESU LUMWAJI .............................................. EX-PARTE APPLICANT
DIRECTIONS
On 25/03/2015 Mr. Kubebea appeared for the Interested Party herein whereas Mr. Kundu held brief for Mr. Musiega for the exparte Applicant. The Court was informed that parties had previously agreed and were directed to file written submissions to the Notice of Motion dated 16/10/2012 and since they had all complied, set the ruling thereof for 09/07/2015.
When the Court retired to consider the application, it found out that the subject matter involved the use, occupation and title to land hence pursuant to Article 162 (2) (b) of the Constitution, this Court lacks the jurisdiction to in anyway deal with this matter.
Consequently, it is hereby directed that the parties do appear before the Environment and Land Court on a date to be taken at the Registry. This court however remains apologetic to the parties for this further delay in the matter.
It is so directed.
DELIVERED, DATED and SIGNED this 9th day of July, 2015
A.C. MRIMA
JUDGE