[2013] KEHC 5875 (KLR)
The Environment and Land Court, having constitutional status equivalent to the High Court, possesses jurisdiction to hear and determine judicial review matters that fall within its mandate, specifically those relating to land and the environment. The statutory and constitutional framework, including Article 162(2)...
Source-derived case information.
- Citation
- [2013] KEHC 5875 (KLR)
- Parties
- Applicant: Republic; Respondent: The District Commissioner (as Chairman Meru Central Land Disputes Tribunal); Respondent: Land Disputes Tribunal Abothuguchi Division; Interested Party: Margaret M Arete; Applicant: Mwitaaiti Mugwika
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 163 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdictional Objection
- Outcome
- Objection to jurisdiction dismissed; Environment and Land Court affirmed to have jurisdiction.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Jurisdiction of Environment and Land Court, Prerogative Orders, Land Disputes Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The District Commissioner (as Chairman Meru Central Land Disputes Tribunal)
Respondent
Land Disputes Tribunal Abothuguchi Division
Respondent
Margaret M Arete
Interested Party
Mwitaaiti Mugwika
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Jurisdictional Objection
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear judicial review matters relating to land disputes.
- 2 Whether judicial review applications concerning land should be heard by the High Court or the Environment and Land Court.
Ratio Decidendi
The Environment and Land Court, having constitutional status equivalent to the High Court, possesses jurisdiction to hear and determine judicial review matters that fall within its mandate, specifically those relating to land and the environment. The statutory and constitutional framework, including Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act, empowers the court to grant prerogative orders and address violations or threats to rights concerning land and the environment. Therefore, objections to the court's jurisdiction over such judicial review matters are unfounded.
Court Disposition
Objection to jurisdiction dismissed; Environment and Land Court affirmed to have jurisdiction.
Orders
- The Environment and Land Court has jurisdiction to hear and determine judicial review matters relating to land and environment within its mandate.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L C MISC APPLICATION NO.163 OF 2006
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION AGAINST THE MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL ABOTHUGUCHI DIVISION
AND
IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF THE REGISTERED LAND ACT CAP 300 LAWS OF KENYA
AND
IN THE MATTER OF MERU CENTRAL LAND DISPUTE TRIBUNAL CASE NO. 98 OF 2005
AND
IN THE MATTER OF LAND PARCEL NO. ABOTHUGUCHI/MAKANDUNE/107
AND
IN THE MATTER OF CMC L.D.T. NO. 19 OF 2006
AND
IN THE MATTER OF DISPUTES TRIBUNAL ACT NO. 18/90
REPUBLIC............................................................................................................................APPLICANT
VERSUS
THE DISTRICT COMMISSIONER (AS CHAIRMAN MERU CENTRAL LAND DISPUTES TRIBUNAL)...........................................................................................................1ST RESPONDENT
LAND DISPUTES TRIBUNAL ABOTHUGUCHI DIVISION..............................2ND RESPONDENT
MARGARET M ARETE ….................................................................................INTERESTED PARTY
EX-PARTE........................................................................................................MWITAITI MUGWIKA
R U L I N G
On 6/12/2012, Mr. Gichunge for the interested party addressed the court and was of the view that the Environment and Land Court lacked jurisdiction to hear Judicial Review matters and stated that such matters ought to be heard by the High Court. Infact he demanded that the matter be fixed for hearing before the High Court. Mr. Menge who was appearing for the Attorney general and was representing the respondents supported Mr. Gichunge.
I now give my ruling:
The Constitutional underpinning of the Environment and Land Court is Article 162 (2) of the Constitution. It mandates parliament to establish a Court with the status of High Court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land. Parliament is also required at clause 3 of the said Article to determine the jurisdiction and functions of the court.
Section 13 of the Environment and Land Act allows the Court to hear and determine applications for redress of a denial, violation or infringement of, or threat to rights or fundamental freedom relating to the environment and land under Articles 42, 69 and 70 of the Constitution. Sub-section 7 of section 13 donates power to the Court to make any order and grant any relief as the Court may deem fit and just including, inter alia, prerogative orders.
Having looked at the relevant law, it is my view that the Environment and Land Court which has the Constitutional status of the High court has jurisdiction to hear Judicial Review matters germane to its mandate.
Written and Signed at Meru this 1st day of May 2013.
P. M. NJOROGE
JUDGE
Delivered and Signed in Open Court this 2nd day of May 2013 in the presence of :
Cc. Mwonjaru
P. M. NJOROGE
JUDGE