Kenya Power & Lighting Co. Ltd v Mathenge Minja Riguga & Keiru Gatiki (Civil Appeal 67 of 2014) [2020] KEHC 4461 (KLR) (12 March 2020) (Directions)
- Court
- High Court of Kenya
- Case number
- 4461
- Citation
- [2020] KEHC 4461 (KLR)
- Decided
- 12 March 2020
The High Court declines to hear and determine the appeal due to lack of jurisdiction, and transfers the appeal to the Environment and Land Court at Nyahururu.
Facts
The plaintiffs, Kenya Power & Lighting Co. Ltd, claimed compensation for damaged properties (trees) by the defendant, Mathenge Minja Riguga, in the plaintiffs' land parcels due to electricity lines being laid through the land parcels purportedly with a way leave consent on the use of the plaintiffs' land parcels. The trial court found in favor of the plaintiffs and ordered compensation against the defendant.
Issues
- Jurisdiction of the High Court to hear land disputes
- Appellate jurisdiction of the Environment and Land Court
Reasoning
The High Court found that the High Court has no jurisdiction to hear land disputes except to finalise those that had been part heard before the establishment of the Environment and Land Court. The appeal is from the Magistrate's Court, which has appellate jurisdiction, and thus the High Court declines to hear the appeal.
Outcome
Transfer of the appeal to the Environment and Land Court at Nyahururu
Orders
- The Deputy Registrar of this Court is directed to send the court file to the ELC Court at Nyahururu, where parties shall mention the appeal before the Judge for directions
Authorities cited
Legislation (1)
- Environment and Land Act NO. 19 of 2011
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