[2013] KEHC 3203 (KLR)
The High Court determined that, pursuant to Gazette Notice No. 16268 of 9/11/2012 and the relevant statutory provisions, all cases relating to land and environment where hearing has not commenced must be transferred to the Environment and Land Court. Since the substantive hearing in this matter had not begun and the...
Source-derived case information.
- Citation
- [2013] KEHC 3203 (KLR)
- Parties
- Applicant: Republic of Kenya; Respondent: The Land District Registrar, Machakos District; Interested Party: Lukenya Ranching & Farming Co-operative Society Ltd; Interested Party: Wilso Mutua Mutwetumo; Interested Party: Nancy Nzembi Kavita; Interested Party: Joyce Nduku Munyao; Interested Party: Timothy Mutiso Peter; Applicant: Harrison King’oo Kalei
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 10 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Case to Environment and Land Court
- Outcome
- case transferred to the environment and land court
- Judges
- BT Jaden
- Legal Topics
- Judicial Review, Certiorari, Land Subdivision, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
The Land District Registrar, Machakos District
Respondent
Lukenya Ranching & Farming Co-operative Society Ltd
Interested Party
Wilso Mutua Mutwetumo
Interested Party
Nancy Nzembi Kavita
Interested Party
Joyce Nduku Munyao
Interested Party
Timothy Mutiso Peter
Interested Party
Harrison King’oo Kalei
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Case to Environment and Land Court
Legal Issues
- 1 Whether the High Court has jurisdiction to hear matters relating to land after the establishment of the Environment and Land Court.
- 2 Whether the proceedings and decision of the Land District Registrar regarding the subdivision of land should be quashed by certiorari.
Ratio Decidendi
The High Court determined that, pursuant to Gazette Notice No. 16268 of 9/11/2012 and the relevant statutory provisions, all cases relating to land and environment where hearing has not commenced must be transferred to the Environment and Land Court. Since the substantive hearing in this matter had not begun and the subject matter concerns land, the court lacked jurisdiction to proceed and ordered the transfer of the case to the appropriate court.
Court Disposition
case transferred to the environment and land court
Orders
- This case is transferred to the Environment and Land Court.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
High Court at Machakos
Civil Miscellaneous Application 10 of 2011 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC ………..…………………………….……..………………….…. APPLICANT
VERSUS
THE LAND DISTRICT REGISTRAR, MACHAKOS DISTRICT …….…… RESPONDENT
1. LUKENYA RANCHING & FARMING CO-OPERATIVE SOCIETY LTD
2. WILSO MUTUA MUTWETUMO
3. NANCY NZEMBI KAVITA
4. JOYCE NDUKU MUNYAO
5. TIMOTHY MUTISO PETER ……………………….…….…… INTERESTED PARTIES
EX-PARTE ……………………………………………………….…… HARRISON KING’OO KALEI
R U L I N G
The Notice of Motion dated 3/2/2011 seeks an order of certiorari to issue directed against the Respondent to quash the proceedings and decision of the Respondent to unilaterally sub-divide land parcel Title Number Mavoko Town Block 3/2424 into two parcels and create therefrom Mavoko Town Block 3/10277 which decision was communicated to the Applicant vide a letter dated 2/9/2010.
The hearing of the substantive motion herein is yet to commence.
The subject matter of the proceedings herein is land and ought to be heard by the Environment and Land Court.
Gazette Notice No. 16268of 9/11/2012 states as follows:-
“IN EXERCISE of the powers conferred by theSixth Schedule Partand in pursuance ofsection 30 (1)and (2) of theEnvironment andsection 31of theAct andsection 5(1)and2 (c)of theJudicial Service Act (No. 1 of 2011)the Chief Justice makes the following practice directions following the establishment of theEnvironment and Land Court.
1. …………………………………………
2. …………………………………………
3. …………………………………………
4. All cases relating to environment and the use and occupation of, and title to land which have hitherto been filed at the High Court and where hearing in relation thereto are yet to commence shall be transferred to the Environment and Land Court as directed by the Chief Registrar.”
This case therefore is transferred to the Environment and Land Court.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 30thday of May2013.
………………………………………
B. THURANIRA JADEN
JUDGE
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