Onesmas Nthanga Nguma & 77 others v Katelembo Athiani Muputi Farming and Ranching Co-operative Society & 6 others [2017] KEELC 2411 (KLR)
The bottom line
#Kenya's Environment and Land Court, not the High Court, decides land constitutional petitions, and occupiers cannot be evicted before a landowner proves title.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over constitutional petitions concerning land
The ELC has exclusive jurisdiction over constitutional petitions relating to land; the High Court is barred by Article 165(5).
Relying on its earlier decision in Christopher Ngusu Mulwa v. County Government of Kitui and the Supreme Court's decision in Republic v. Karisa Chengo, the court held that the ELC is a sui generis court distinct from the High Court. Article 162(2)(b) vests land disputes in the ELC while Article 165(5) precludes the High Court from hearing them, so the two courts cannot have concurrent jurisdiction.
Entitlement to a temporary injunction pending the main Petition
A temporary injunction was granted because the Petitioners are in occupation and the 1st Respondent failed to exhibit title documents proving ownership.
The Respondents did not deny that the Petitioners occupy the land, and photographs showed developments thereon. The 1st Respondent did not exhibit its title document or survey map, so the court could not conclude at the interlocutory stage that the Petitioners are trespassers. The community land claim under Article 63 was reserved for trial, with the status quo to be maintained in the interim.
Legal principles established
#- The Environment and Land Court, not the High Court, has jurisdiction to entertain constitutional petitions relating to land and the environment, however such disputes are commenced.
Court orders
#- 1.Temporary injunction granted restraining the 1st, 3rd, 4th and 5th Respondents from summoning, arresting, detaining, prosecuting, evicting or in any manner harassing the Petitioners over their occupation and use of the land pending the hearing and determination of the main Petition
- 2.Costs of the Application to be in the cause
- 3.Status quo as regards occupation of the suit land to be maintained until trial
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution - jurisdiction of the Environment and Land Court over disputes relating to land and environment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onesmas Nthanga Nguma & 77 others v Katelembo Athiani Muputi Farming and Ranching Co-operative Society & 6 others [2017] KEELC 2411 (KLR)", Case Analysis (2017). Not stated in judgment (Machakos ELC Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2411/eng@2017-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.