[2025] KEHC 1796 (KLR)

[2025] KEHC 1796 (KLR)

The High Court determined that it lacked jurisdiction to entertain the application because the subject matter was a land dispute, which, under the 2010 Constitution and the Environment and Land Court Act, falls within the exclusive jurisdiction of the Environment and Land Court. The court further found that it had become functus officio after delivering its final judgment in 2013, and any subsequent orders issued by the High Court were a nullity. The application to set aside the orders of 18th December 2023 was therefore filed before the wrong court and could not be entertained. As a result, the application was struck out for want of jurisdiction, with each party bearing its own costs.

Citation
[2025] KEHC 1796 (KLR)
Parties
Applicant: Belinda Waliambila Wekesa (Suing As The Legal Representative Of Wekesa Sinino - Deceased); Applicant: Thomas Mutoro Kusienya (Suing As The Legal Representative To The Estate Of Mariko Kusienya Sinini - Deceased); Interested Party: Mark Mukhwana Mutoro; Interested Party: Philip Khisa Mutoro
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
12 February 2025
Case Number
Civil Appeal 145 of 2003
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Orders
Outcome
Application struck out for want of jurisdiction. Each party to bear its own costs.
Judges
S Mbungi
Legal Topics
Functus Officio, Jurisdiction of High Court, Finality of Judgment, Land Dispute Tribunal Awards, Environment and Land Court Jurisdiction
Source Language
English
Civil Procedure Land and Property Functus Officio Jurisdiction of High Court Finality of Judgment Land Dispute Tribunal Awards Environment and Land Court Jurisdiction

Case Brief

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Parties

Belinda Waliambila Wekesa (Suing As The Legal Representative Of Wekesa Sinino - Deceased)

Applicant

Thomas Mutoro Kusienya (Suing As The Legal Representative To The Estate Of Mariko Kusienya Sinini - Deceased)

Applicant

Mark Mukhwana Mutoro

Interested Party

Philip Khisa Mutoro

Interested Party

Procedural Posture

Civil Appeal / Ruling on Application to Set Aside Orders

Legal Issues

  1. 1 Whether the High Court had jurisdiction to entertain the application after the matter had been determined and the court became functus officio.
  2. 2 Whether the orders issued on 18th December 2023 should be set aside for want of jurisdiction and abuse of the principle of finality.

Ratio Decidendi

The High Court determined that it lacked jurisdiction to entertain the application because the subject matter was a land dispute, which, under the 2010 Constitution and the Environment and Land Court Act, falls within the exclusive jurisdiction of the Environment and Land Court. The court further found that it had become functus officio after delivering its final judgment in 2013, and any subsequent orders issued by the High Court were a nullity. The application to set aside the orders of 18th December 2023 was therefore filed before the wrong court and could not be entertained. As a result, the application was struck out for want of jurisdiction, with each party bearing its own costs.

Court Disposition

Application struck out for want of jurisdiction. Each party to bear its own costs.

Orders

  • The application dated 11th November 2024 is struck out for want of jurisdiction.
  • Each party shall bear its own costs.