Veronicah R. Cherono v Joseph Ruto Cherono [2016] KEELC 999 (KLR)
The bottom line
#A Kenyan land suit filed in the Magistrate's Court without jurisdiction cannot simply be transferred to the Environment and Land Court — it must be filed afresh.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Magistrate's Court over land matters prior to the Magistrates' Court Act, 2015
The Magistrate's Court had no jurisdiction to entertain land matters; the suit was filed in breach of Article 162(2)(b) and cannot be transferred
Article 162(2)(b) required Parliament to establish courts with the status of the High Court for environment and land disputes, which it did through the Environment and Land Court Act. Article 169(2) required separate legislation conferring jurisdiction on subordinate courts. Before the 2015 amendment to section 26 and the Magistrates' Court Act, there was no enabling legislation authorizing filing of land suits in the Magistrate's Court. A contravention cannot be cured by transfer.
Effect of the subsequent amendment of section 26 of the Environment and Land Court Act and enactment of the Magistrates' Court Act, 2015
The new laws did not apply to this application since it was filed and argued before their enactment, though the applicant may benefit from them going forward
The court acknowledged the amendment introducing designated magistrates for environment and land matters and appeals lying to the Environment and Land Court. However, the application was filed and argued before the enactment, so the new laws were not the subject of determination, though the applicant may still benefit from them in future proceedings.
Legal principles established
#- A land/environment suit filed in the Magistrate's Court after the establishment of the Environment and Land Court is filed in breach of Article 162(2)(b) of the Constitution and cannot be transferred to the Environment and Land Court
Court orders
#- 1.The application dated 5.6.2015 seeking transfer of Principal Magistrate's Court Case No. 10 of 2014 to the Environment and Land Court, Eldoret is not allowed
- 2.Costs to the respondent
- On appeal from
- Principal Magistrate's Court
- Case No. 10 of 2014 (Veronica Cherono v Joseph Ruto Cherono)
- Jurisdiction invoked
- Article 162(2)(b) and 169 of the Constitution of Kenya, 2010; Environment and Land Court Act No. 12 of 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Veronicah R. Cherono v Joseph Ruto Cherono [2016] KEELC 999 (KLR)", Case Analysis (2016). Application dated 5.6.2015 (Eldoret Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/999/eng@2016-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.