[2019] KEHC 2983 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine disputes arising under the Land Registration Act concerning land, as such jurisdiction is expressly reserved for the Environment and Land Court by both statute and the Constitution. Sections 2 and 101 of the Land Registration Act define...
Source-derived case information.
- Citation
- [2019] KEHC 2983 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Registrar, Kakamega; Respondent: Hon. Attorney-General; Applicant: Dariya Shinyanzwa Shitiabayi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 18 of 2014
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdiction
- Outcome
- matter transferred to the Environment and Land Court for want of jurisdiction
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Land Registration Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Registrar, Kakamega
Respondent
Hon. Attorney-General
Respondent
Dariya Shinyanzwa Shitiabayi
Applicant
Procedural Posture
Judicial Review Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes arising under the Land Registration Act concerning land.
- 2 Whether the matter should be heard by the Environment and Land Court as provided by statute and the Constitution.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine disputes arising under the Land Registration Act concerning land, as such jurisdiction is expressly reserved for the Environment and Land Court by both statute and the Constitution. Sections 2 and 101 of the Land Registration Act define 'court' as the Environment and Land Court and vest it with exclusive jurisdiction over land disputes. Articles 162(2) and 165(5) of the Constitution reinforce this by excluding the High Court from matters within the Environment and Land Court's purview. Consequently, the High Court ordered the transfer of the matter to the Environment and Land Court at Kakamega for final disposal.
Court Disposition
matter transferred to the Environment and Land Court for want of jurisdiction
Orders
- The matter is transferred to the Environment and Land Court at Kakamega for final disposal.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
JUDICIAL REVIEW APPLICATION NO. 18 OF 2014
REPUBLIC............................................................................................APPLICANT
VERSUS
THE DISTRICT LAND REGISTRAR, KAKAMEGA.........1ST RESPONDENT
THE HON. ATTORNEY-GENERAL......................................2ND RESPONDENT
EX PARTE: DARIYA SHINYANZWA SHITIABAYI
RULING
1. The judicial review application herein seeks the quashing of a certain decision of the Kakamega District Land Registrar and an order to have him compelled to remove a caution in the register for Isukha/Shirere/1183.
2. The first respondent is a creature of sections 12 and 13 of the Land Registration Act, No. 3 of 2012, and he exercises his mandate in accordance with the Land Registration Act.
3. Under section 101 of the Land Registration Act, disputes that arise with respect to the matters it governs are to be resolved by the Environment and Land Court. Indeed, section 2 of the said legislation defines ‘court’ for the purposes of the Land Registration Act to mean the Environment and Land Court
4. The two provisions state as follows:
“2. “Court” means the Environment and Land Court established under the Environment and Land Court Act, 2011, No. 19 of 2011 …”
Jurisdiction of court. 101. The Environment and Land Court established by the Environment and Land Court Act, 2011 No. 19 of 2011 has jurisdiction to hear and determine disputes, actions and proceedings concerning land under this Act.”
5. That would mean that any question arising on any provision of the said legislation should be determined by the Environment and Land Court.
6. These two provisions are in line with Articles 162(2) and 165(5) of the Constitution, which provide as follows:
‘’162(2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to—
(a) …
(b) the environment and the use and occupation of, and title to, land.
165(5) The High Court shall not have jurisdiction in respect of matters—
(a) …
(b) falling within the jurisdiction of the courts contemplated in Article 162 (2).”
7. It should be clear from these provisions that the High Court has no jurisdiction over the matters that are in dispute in this suit. That jurisdiction is reserved for the Environment and Land Court. Accordingly, I do hereby order that the matter be transferred to the Environment and Land Court at Kakamega for final disposal. It is so ordered.
DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 1st DAY OF November, 2019
W. MUSYOKA
JUDGE