[2021] KEHC 7914 (KLR)
The High Court lacks jurisdiction to hear and determine disputes concerning the use and occupation of land, as such matters are reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. The application by the ex parte applicants, which seeks orders affecting land...
Source-derived case information.
- Citation
- [2021] KEHC 7914 (KLR)
- Parties
- Applicant: Martin Oluoch Ogidho and 321 Others; Respondent: Regional Police Commander-Nairobi; Respondent: Nairobi City County Commissioner; Respondent: Nairobi Metropolitan Services; Respondent: Officer-in-Charge Police Division-Kayole; Respondent: Hon. Attorney General; Interested Party: Njiru Ageria Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E046 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred to the Environment and Land Court for want of jurisdiction.
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Environment and Land Court Jurisdiction, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Oluoch Ogidho and 321 Others
Applicant
Regional Police Commander-Nairobi
Respondent
Nairobi City County Commissioner
Respondent
Nairobi Metropolitan Services
Respondent
Officer-in-Charge Police Division-Kayole
Respondent
Hon. Attorney General
Respondent
Njiru Ageria Limited
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to use and occupation of land as sought in the application.
- 2 Whether the matter should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine disputes concerning the use and occupation of land, as such matters are reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. The application by the ex parte applicants, which seeks orders affecting land rights and occupation, must therefore be transferred to the appropriate court for determination. The Chamber Summons dated 29th March 2021 is to be placed before the Duty Judge at the Environment and Land Court at Nairobi for directions, and the Deputy Registrar is directed to facilitate the transfer and notify the relevant parties accordingly.
Court Disposition
Application transferred to the Environment and Land Court for want of jurisdiction.
Orders
- This suit is transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The ex parte Applicants’ Chamber Summons dated 29th March 2021 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 1st April 2021 for directions.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E046 OF 2021
BETWEEN
MARTIN OLUOCH OGIDHO AND 321 OTHERS......EX-PARTE APPLICANTS
VERSUS
REGIONAL POLICE COMMANDER-NAIROBI..................1ST RESPONDENT
NAIROBI CITY COUNTY COMMISSIONER.......................2ND RESPONDENT
NAIROBI METRO POLITAN SERVICES...............................3RD RESPONDENT
OFFICER-IN-CHARGE POLICE DIVISION-KAYOLE.........4™ RESPONDENT
HON. AITORNEY GENERAL..................................................5™ RESPONDENT
AND
NJIRU AGERIA LIMITED...................................................INTERESTED PARTY
RULING
The Application
1. The ex parte Applicants herein have filed an application by way of a Chamber Summons dated 29th March 2021, seeking the following orders:
1. THAT this Court be pleased to grant the applicants leave to apply for an Order of Prohibition, prohibiting the Nairobi County Police Commander, Nairobi County Commissioner and Officer Commanding Police Division Kayole- Nairobi either by themselves their agents and/ or any other person acting under their instruction from invading, evicting, trespassing and/ or interfering with the applicant's ownership, peaceful possession, user, occupation and/ or demolishing the applicants homes and or structures constructed on the land parcel LR. N0. 13468.
2. THAT this Court be pleased to grant the applicant leave to apply for an order of certiorari to remove into this Court and quash the informal order given by Nairobi County Police commander and Nairobi County Commissioner to the Officer Commanding Police Division -Kayole to demolish the applicants homes and or structures constructed on land parcel L.R. Plots Nos. L.R. N0. 13468.
3. THAT the leave granted pursuant to prayers hereinabove do operate as a stay of the informal eviction order issued by Nairobi County Police Commander and Nairobi County Commissioner to the Officer Commanding Police Division -Kayole to demolish the applicants homes and or structures constructed on land parcel L.R. Plots Nos. L.R. N0. 13468 until the determination of the application herein and/ or until further orders of this court.
2. It is evident that the ex parte Applicants are seeking orders in relation to the use and occupation of land in the said application. Any disputes and orders sought in relation to title, use and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 29th March 2021.
The Orders
3. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The ex parte Applicants’ Chamber Summons dated 29th March 2021 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 1st April 2021 for directions.
4. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the ex parte Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 31st March 2021.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF MARCH 2021
P. NYAMWEYA
JUDGE