Environment and Land Court Act

This Act may be cited as the Environment and Land Court Act.

This section lists defined terms used in the Act and gives their meanings.

The Act's principal objective is to enable the Court to resolve disputes justly, expeditiously, proportionately and accessibly; the Court must give effect to that objective when performing its functions; parties and their authorised representatives must assist the Court and participate in proceedings.

Qualification for appointment of the Registrar of the Court: become eligible for appointment as a Judge of the High Court.

Lists the functions of the Registrar of the Court, including maintaining the Registry and Register, managing records and staff, administering the Court day-to-day, facilitating enforcement and access to judgments, and undertaking duties assigned by the Chief Registrar; the Registrar may consider and dispose of procedural or administrative matters in proceedings in accordance with the Rules or on direction of the Presiding Judge.

An aggrieved person may apply to a Judge of the Court for review of a Registrar's decision on judicial functions, and the Judge may confirm, modify or reverse that decision.

Section 4 establishes the Environment and Land Court, declares it a superior court of record with the status of the High Court, and gives it jurisdiction throughout Kenya.

The Court must comprise the Presiding Judge and whatever number of Judges the Judicial Service Commission determines from time to time.

The section sets out the election, term, supervisory duties, reporting line, and temporary replacement arrangements for the Presiding Judge.

The Chief Justice may, on the recommendation of the Judicial Service Commission, transfer a judge who meets the qualifications in sub‑section (1) to serve in the court.

Judge of the Court retires from office in accordance with Article 167(1) of the Constitution.

The Judicial Service Commission must appoint a Registrar of the Court; in the Registrar's absence, authorized court staff may perform the Registrar's administrative functions.

The Court has original and appellate jurisdiction over environment- and land-related disputes and may grant specified remedies.

A judgement, award, order or decree of the Court is enforceable in accordance with the Civil Procedure Act (Cap. 21).

The seal of the Court is a device determined by the Court and is kept in the custody of the Chief Registrar.

Appeals from the Court lie to the Court of Appeal against any judgement, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution.

Appeals from subordinate courts and local tribunals must be filed within thirty days of the decree or order; the court may admit an appeal out of time if the appellant shows good and sufficient cause.

Section 17 was deleted by Act No. 12 of 2012, Schedule.

Establishes the guiding principle of public participation in developing policies, plans and processes for the management of the environment and land.

The Court must act expeditiously in proceedings under this Act and must be bound by the procedure laid down by the Civil Procedure Act (Cap. 21).

The Court may adopt and implement alternative dispute resolution (conciliation, mediation, traditional mechanisms) on its own motion or with/at the parties' agreement or request; where ADR is a condition precedent to proceedings, the Court must stay proceedings until that condition is fulfilled.

The Court is properly constituted for proceedings under this Act by a single judge.

A party to the proceedings may act in person or be represented by a duly authorised representative.

The Court must use English as the language of the Court.

The Chief Justice must make rules regulating court practice and procedure, including in tribunals and subordinate courts for land and environment matters, and (in consultation with the Court) rules on admissibility of proceedings before other courts or local tribunals.

Section 25 is deleted by Act No. 12 of 2012, Schedule.

The Court must ensure reasonable and equitable access to its services in all Counties; the Court may hold sittings where and when necessary; the Chief Justice may appoint magistrates by Gazette notice to preside over environment and land matters.

The Court may make regulations to carry out its functions under this Act.

Section 28 has been deleted by Act No. 12 of 2012 (Schedule).

Any person who refuses, fails or neglects to obey a Court order or direction under this Act commits an offence and may be fined up to twenty million shillings or imprisoned for up to two years, or both.

Proceedings relating to the environment or land pending before a court or local tribunal continue to be heard by the same court until the Environment and Land Court comes into operation or as directed by the Chief Justice or Chief Registrar; after establishment the Chief Justice may refer part-heard cases to the new Court.