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ELCAllowedConstitutional Petition (Environment and Land Court) – Notice of Motion dated 18th March 2016· [2017] KEELC 3298 (KLR)

Josephine Wanjiku v Attorney General & 3 others [2017] KEELC 3298 (KLR)

Environment and Land Court
24 February 2017
SOS. Okong'o
515 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed two related land petitions to be heard together, showing courts will consolidate cases with shared facts to save time and costs.

What this practically means

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Executive summary

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This Environment and Land Court ruling by S. Okong'o, J, delivered at Nairobi on 24th February 2017, determined a Notice of Motion dated 18th March 2016 in which the petitioner sought consolidation of the present petition with Machakos Constitutional Petition No. 26 of 2015. The application, supported by an affidavit sworn by the petitioner's advocate Mr. Ishmael Kiragu, was premised on the grounds that both petitions were filed on the same date, raised similar issues of law and fact, sought similar reliefs, and were handled by the same firm of advocates, so that a decision in one would affect the other. The application was unopposed. The sole issue was whether consolidation was warranted. The court applied the Supreme Court's formulation in Law Society of Kenya v Centre for Human Rights and Democracy, that consolidation facilitates efficient and expeditious disposal and fair dispensation of justice, and the Court of Appeal's guidance in David Ojwang' Okebe v South Nyanza Sugar Company that consolidation is appropriate where there are common questions of law or fact or the same transaction, to save costs and time. Both petitions challenge the jurisdiction of the defunct Kajiado Central Land Disputes Tribunal to order subdivision and transfer of registered land. Finding the petitions raise similar questions of fact and law and that no prejudice had been demonstrated, the court allowed the application in terms of prayer (a), ordered costs of the application to be in the cause, and directed that the file be returned to the Environment and Land Court at Machakos where it was domiciled for further action.

Key legal issues

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01

Whether the two petitions should be consolidated

Holding

Yes, because they raise similar questions of fact and law, were filed on the same date, seek similar reliefs, and no prejudice was shown.

Reasoning

The petitioner applied to consolidate this petition with Machakos Constitutional Petition No. 26 of 2015, both challenging the jurisdiction of the defunct Kajiado Central Land Disputes Tribunal to order subdivision and transfer of registered land. Applying the Supreme Court's statement of the essence of consolidation and the Court of Appeal's criteria, the court found the petitions raise common questions of fact and law and that no prejudice would ensue from consolidation, which would expedite hearing and disposal.

p. 2

Legal principles established

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  • The essence of consolidation is to facilitate efficient and expeditious disposal of disputes and a fair dispensation of justice.
  • Consolidation is appropriate where there are common questions of law or fact, the right to relief arises from the same transaction, or it is otherwise desirable to avoid multiplicity of proceedings.

Court orders

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  1. 1.The Notice of Motion dated 18th March 2016 is allowed in terms of prayer (a) thereof
  2. 2.The costs of the application shall be in the cause
  3. 3.The file to be returned to the Environment and Land Court at Machakos where it was domiciled for further action

Authorities

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Cases cited (2)

  • Law Society of Kenya vs. The Centre For Human Rights and Democracy
    Petition No. 14 of 2013
  • David Ojwang’ Okebe & 11 Others vs. South Nyanza Sugar Company Limited & 2 Others
    Kisumu Civil Appeal (Appl) No. 139 of 2008
Jurisdiction invoked
Environment and Land Court jurisdiction over constitutional petitions concerning land; not expressly stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Josephine Wanjiku v Attorney General & 3 others [2017] KEELC 3298 (KLR)", Case Analysis (2017). Constitutional Petition (Environment and Land Court) – Notice of Motion dated 18th March 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3298/eng@2017-02-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.