[2013] KEHC 5930 (KLR)
The court held that, based on its previous ruling and in the absence of a judicial overruling, the Environment and Land Court is constitutionally equivalent to the High Court and therefore has jurisdiction to hear judicial review matters that fall within its statutory mandate, including those arising under the Land...
Source-derived case information.
- Citation
- [2013] KEHC 5930 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Adjudication & Settlement Officer, Igembe District; Respondent: Director of Land Adjudication & Settlement Officer; Interested Party: M'Ikaio M'Thambura; Interested Party: Ungu Baimuiku; Applicant: M'Imaana M'Ithilai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 330f 20 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction
- Outcome
- Jurisdiction affirmed; court may hear judicial review matters within its mandate.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Court Jurisdiction, Land Adjudication, Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Adjudication & Settlement Officer, Igembe District
Respondent
Director of Land Adjudication & Settlement Officer
Respondent
M'Ikaio M'Thambura
Interested Party
Ungu Baimuiku
Interested Party
M'Imaana M'Ithilai
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.
Ratio Decidendi
The court held that, based on its previous ruling and in the absence of a judicial overruling, the Environment and Land Court is constitutionally equivalent to the High Court and therefore has jurisdiction to hear judicial review matters that fall within its statutory mandate, including those arising under the Land Adjudication Act. The judge reaffirmed this position, referencing the earlier decision in ELC Misc. Application 163 of 2006, and found no reason to depart from that interpretation unless overruled by a higher court.
Court Disposition
Jurisdiction affirmed; court may hear judicial review matters within its mandate.
Orders
- The Environment and Land Court has jurisdiction to hear judicial review matters related to its mandate.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC MISC. APPLICATION NO. 33 OF 2009
…..................................
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
AND
IN THE MATTER OF THE LAND ADJUDICATION ACT CAP 284 AND
OBJECTION NO.28 INVOLVING PARCELS NO.1659 & 1639 AKIRANGONDU
BETWEEN
REPUBLIC................................................................................................APPLICANT
VERSUS
1. LAND ADJUDICATION & SETTLEMENT OFFICER, IGEMBE DISTRICT
2. DIRECTOR OF LAND ADJUDICATION & SETTLEMENT OFFICER..........................................RESPONDENTS
AND
1. M'IKIAO M'THAMBURA)
2. UNGU BAIMUIKU)...................................................................INTERESTED PARTIES
EX- PARTE APPLICANT..........................................................M'IMAANA M'ITHILAI
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 respondents and the interested parties 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 9th day of May, 2013 in the presence of:
P. M. NJOROGE
JUDGE