[2017] KEHC 1063 (KLR)
The court found that it lacked jurisdiction to entertain both the petition and the application because the subject matter concerned land, which falls under the exclusive jurisdiction of the Environment and Land Court as established by Article 162(2)(b) and 165(5)(b) of the Constitution and Section 13 of the...
Source-derived case information.
- Citation
- [2017] KEHC 1063 (KLR)
- Parties
- Petitioner: Serah Nyambura; Respondent: Samson Githura Gachuhi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Petition 51 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Application declined for want of jurisdiction; matter transferred to Environment and Land Court.
- Judges
- CC Kipkorir
- Legal Topics
- Jurisdiction of High Court, Transfer of Land Matters, Want of Prosecution, Environment and Land Court Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah Nyambura
Petitioner
Samson Githura Gachuhi
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition and the application given the subject matter is land.
- 2 Whether the petition should be dismissed for want of prosecution.
Ratio Decidendi
The court found that it lacked jurisdiction to entertain both the petition and the application because the subject matter concerned land, which falls under the exclusive jurisdiction of the Environment and Land Court as established by Article 162(2)(b) and 165(5)(b) of the Constitution and Section 13 of the Environment and Land Court Act. The court therefore declined to consider the application on its merits and directed that the matter be placed before a judge of the Environment and Land Court for appropriate directions.
Court Disposition
Application declined for want of jurisdiction; matter transferred to Environment and Land Court.
Orders
- The High Court declines to consider the application on merits for want of jurisdiction.
- The matter is to be placed before any judge of the Environment and Land Court for appropriate directions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
PETITION NO.51 OF 2012
SERAH NYAMBURA.............................................PETITIONER
-VERSUS-
SAMSON GITHURA GACHUHI........................RESPONDENT
RULING
1. The application before me has been filed by the respondent in the petition. He seeks orders that the petition be dismissed for want of prosecution. The application is supported by the affidavit of Samson Githura Gachuhi. It is opposed though there is on record a replying affidavit sworn by Serah Nyambura, the petitioner. On record also are submissions filed by the applicant.
2. When I retired to consider the application however, it came to my attention that the petition in question was a land matter and had therefore been wrongly filed in the High Court. My perusal of the file shows that the petitioner was seeking a raft of declarations including cancellation of titles said to have been irregularly acquired. There is on record also a ruling issued by the Land & Environment Court on an earlier application for conservatory orders. This information had not been disclosed to the court when it issued directions for the present application to proceed before it.
3. In view of the provisions of Article 162 (2) (b) and 165 (5) (b)of the Constitution and Section13 (1)and2of the Land & Environment Act, I hold that this court has no jurisdiction to entertain both the petition and the present application. I therefore decline to consider the application on merits and direct that the matter be placed before any judge of the Land & Environment Court for appropriate directions.
Orders accordingly.
Ruling delivered, dated and signed in open court
This 14th day of December 2017
….........................
R. LAGAT KORIR
JUDGE
In the presence of:
C/A Emojong
N/A for petitioner
N/A for respondent