[2021] KEHC 1697 (KLR)
The High Court lacks jurisdiction to hear and determine disputes concerning ownership, occupation, and use of land, as such jurisdiction is exclusively vested in the Environment and Land Court under Article 162(2) of the Constitution of Kenya 2010. Any proceedings or rulings by the High Court in such matters would...
Source-derived case information.
- Citation
- [2021] KEHC 1697 (KLR)
- Parties
- Applicant: William Matheka Mwololo; Respondent: James Ikumbu Ngului
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E011 of 2020
- Procedural Posture
- Miscellaneous Application / Preliminary Directions; Transfer for Want of Jurisdiction
- Outcome
- Transferred to the Environment and Land Court for directions.
- Judges
- GMA Dulu
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Matheka Mwololo
Applicant
James Ikumbu Ngului
Respondent
Procedural Posture
Miscellaneous Application / Preliminary Directions; Transfer for Want of Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to ownership, occupation, and use of land.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine disputes concerning ownership, occupation, and use of land, as such jurisdiction is exclusively vested in the Environment and Land Court under Article 162(2) of the Constitution of Kenya 2010. Any proceedings or rulings by the High Court in such matters would be a mistrial. In the interests of justice, the file must be transmitted to the appropriate court for further directions.
Court Disposition
Transferred to the Environment and Land Court for directions.
Orders
- The file is transmitted to the Environment and Land Court Judge at Makueni for directions and further progress.
- The Deputy Registrar is ordered to forthwith place the file before the Environment and Land Court Judge at Makueni for mention and directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCC MISC APPLICATION. NO. E011 OF 2020
WILLIAM MATHEKA MWOLOLO ……………………………. APPLICANT
-VERSUS-
JAMES IKUMBU NGULUI ………………....……………..........RESPONDENT
DIRECTIONS
1. This matter having been placed before me in an application dated 5/10/2020 and this court having ordered that the application proceed by way of written submissions, and the said written submissions having been served, it is noted before delivery of ruling that this is a matter relating to ownership, occupation and use of land.
2. In this regard, under Article 162(2) of the Constitution of Kenya 2010, the jurisdiction on land matters is reserved for the Environment and Land Court, in terms of Article 162(2), which provides as follows -
162(2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to
a) Employment and labour relations, and
b) The environment and the use and occupation of, and title to, land”
3. This High Court therefore having no jurisdiction in this land matter, cannot prepare and deliver a ruling, as the proceedings and the ruling therein will be a mistrial.
4. In the interests of justice to all parties involved therefore, I transmit this file to the Environment and Land Court Judge at Makueni for directions and further progress.
5. I thus order that the Deputy Registrar of this court to forthwith place this file before the Environment and Land Court – Judge at Makueni for mention and directions.
Delivered, Signed & dated this 1st day of December, 2021 in open court at Makueni.
……………………………….
George Dulu
Judge