John Kamau Wanyoike v Daniel Kinuthia Njoroge & 2 others [2014] KEHC 583 (KLR)
- Court
- High Court of Kenya
- Case number
- 583
- Citation
- [2014] KEHC 583 (KLR)
The High Court lacks jurisdiction to determine the appeal on merit due to the establishment and operationalization of the Environment and Land Court.
Facts
The appellant claims title to plot number MVN 4-22 Mathare Area 4, accusing the City Council of Nairobi of re-allocating it fraudulently. The dispute relates to ownership and occupation of the plot.
Issues
- Whether the High Court has jurisdiction to hear the appeal
- Whether the Environment and Land Court has jurisdiction to hear the dispute
Reasoning
The Constitution of Kenya, 2010, established a superior court with the same status as the High Court to hear disputes relating to the environment and land. The Environment and Land Court Act, 2011, conferred jurisdiction on the court, and the transitional provisions of the Constitution did not allow the High Court to continue hearing the case.
Outcome
The appeal is expunged from the record due to lack of jurisdiction.
Orders
- The appeal is placed before the Presiding Judge of the Environment and Land Court for further directions
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Environment and Land Court Act, 2011
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