[2017] KEHC 3722 (KLR)
The High Court determined that it lacked jurisdiction to entertain the application because the order being challenged was made by the Environment and Land Court. Any appeal or reference against such an order must be filed in the Environment and Land Court, as provided by statute. Consequently, the High Court could...
Source-derived case information.
- Citation
- [2017] KEHC 3722 (KLR)
- Parties
- Applicant: Rukuti Ole Koriata; Respondent: Sanare Kariankei
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 4 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred for want of jurisdiction.
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rukuti Ole Koriata
Applicant
Sanare Kariankei
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application challenging an award of costs made by the Environment and Land Court.
- 2 Whether the application should be transferred to the appropriate court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain the application because the order being challenged was made by the Environment and Land Court. Any appeal or reference against such an order must be filed in the Environment and Land Court, as provided by statute. Consequently, the High Court could not proceed to determine the merits of the application and ordered the transfer of the matter to the Environment and Land Court at Narok, which is the proper forum for such proceedings.
Court Disposition
Application transferred for want of jurisdiction.
Orders
- The application is hereby transferred to the Environment and Land Court at Narok.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
MISC. APPLI NO. 4 OF 2017
RUKUTI OLE KORIATA............................APPLICANT
VERSUS
SANARE KARIANKEI...........................RESPONDENT
RULING AND ORDER
In the course of preparing a ruling in respect of this matter, it became clear that the order awarding costs against the Respondent was made by the Environment and Land Court at Nakuru (Sila Munyao, J) in ELC Case No. 329 of 2014 on 18/5/2016. It is important to point out that any appeal or reference that might be made against the award of costs, has to be filed in the Environment and Land Court and not the High Court. In the circumstances, this court lacks jurisdiction to entertain the instant application, which is hereby transferred to the ELC Court at Narok.
Order made on this 14th day of May, 2017 in the presence of Mr. Onduso for the Respondent and in the absence of Ms Nchoe for the Appellant.
J. M. BWONWONGA
JUDGE
14/6/2017