Julius Kea Mbawa v Director of Criminal Investigations & another; Chunky Limited & 5 others (Interested Parties) [2020] KEHC 584 (KLR)

Facts

The petitioner sought orders for a declaration of rights violations and for the release of investigation reports and deed plan registrations related to a land dispute.

Issues

1. Whether the High Court has jurisdiction to hear and determine the petition regarding alleged breaches of fundamental rights and title to land.
2. Whether the Environment and Land Court has concurrent jurisdiction to deal with constitutional matters touching on the violation and infringement of fundamental rights and freedoms related to the environment and land.

Reasoning

The High Court lacks jurisdiction to determine issues of title, occupation, or land use, while the Environment and Land Court has concurrent jurisdiction to deal with constitutional matters related to the environment and land.

Outcome

The case is transferred to the Environment and Land Court.

Authorities cited