Chunky Limited & another v Patrick Ndune & 11 others [2018] KEHC 6791 (KLR)
- Court
- High Court of Kenya
- Case number
- 6791
- Citation
- [2018] KEHC 6791 (KLR)
- Decided
- 16 April 2018
The High Court lacks jurisdiction to hear and determine the petition due to the mixed nature of the prayers, which include issues of title, occupation, and land use that fall within the jurisdiction of the Environment and Land Court.
Facts
Petitioners alleged that Respondents violated their fundamental rights and freedoms, particularly regarding the sale of their property and the use, occupation, and ownership of land.
Issues
- Whether the High Court has jurisdiction to hear and determine the petition.
- Whether the Environment and Land Court has jurisdiction to deal with constitutional matters touching on the violation and infringement of fundamental rights and freedoms.
Reasoning
The court held that while the High Court has jurisdiction to determine whether there has been a violation of fundamental rights and freedoms, it is specifically barred from determining issues of title, occupation, and land use. The court concluded that the Environment and Land Court has concurrent jurisdiction to deal with such matters.
Outcome
The petition was struck out with costs.
Orders
- The petition was struck out with costs.
Authorities cited
Legislation (3)
- Article 162(2) (b) of the Constitution
- Article 165(5) (b) of the Constitution
- Environment and Land Court Act No. 19 of 2011
Cases cited (2)
- IFDID OLE TAUTA & OTHERS VS. ATTORNEY-GENERAL [2015] eKLR
- Patrick Musimba vs. National Land Commission & 4 Others [2015] eKLR
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