Kuria v Mutunga the Chief Justice of the Republic of Kenya & 2 others (Petition 50 & 62 of 2012 & Miscellaneous Judicial Review 63 of 2012 (Consolidated)) [2012] KEHC 2870 (KLR) (Civ) (23 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2870
- Citation
- [2012] KEHC 2870 (KLR)
- Decided
- 23 July 2012
The High Courts and Magistrates courts have no original jurisdiction to hear and determine disputes relating to the environment and the use and occupation of, and title to, land and disputes stipulated under Section 13 of the Environment and Land Court Act No. 19 of 2011.
Facts
The petitioner sought declarations regarding the original jurisdiction of courts on matters and disputes relating to the environment and land, and the constitutionality of the Environment and Land Court Act No. 19 of 2011.
Issues
- Original jurisdiction of courts on matters and disputes relating to the environment and land
- Constitutionality of the Environment and Land Court Act No. 19 of 2011
- Judicial Service Commission's constitutional duties
Reasoning
The court held that the establishment of the Environment and Land Court was only completed once judges were appointed in accordance with the Constitution, and that the High Court shall continue to exercise original jurisdiction in criminal and civil matters until the court is established.
Outcome
Petition dismissed with no order as to costs
Orders
- High Court and Magistrates Courts to cease from hearing and determining disputes relating to the environment and the use and occupation of, and title to, land and disputes stipulated under Section 13 of the Environment and Land Court Act No. 19 of 2011.
- 1st and 2nd respondents to discharge their respective constitutional duties and appoint or transfer judges to the Environment and land Courts.
- Respondents to pay the petitioner the costs of the petition.
Authorities cited
Legislation (3)
- Constitution of the Republic of Kenya
- Environment and Land Court Act No. 19 of 2011
- Judicial Service Act No. 1 of 2011
Cases cited (1)
- Republic v Attorney General and Others ex parte Benson Irungu Mombasa HC Misc. Civil Suit No. 3 of 2012 (Unreported)
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