Waziri Abubakari Ali & 2 others v Dyphina M. Khaonyeli [2018] KEELC 2156 (KLR)
The bottom line
#The Environment and Land Court in Kakamega confirmed it cannot review High Court decisions because the two courts have equal status, striking out the application with costs.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a High Court decision
The ELC lacks jurisdiction to entertain judicial review of a High Court judgment as the two courts are of equal status.
The court reasoned that judicial review remedies are obtained under Order 53 and the Law Reform Act, and that the ELC, though vested with exclusive jurisdiction over land and environment disputes, is of equal status with the High Court and therefore cannot exercise supervisory jurisdiction over it. Supervisory jurisdiction under Article 165(6) belongs to the High Court over subordinate courts and quasi-judicial bodies, not superior courts.
Nature of judicial review remedies
Judicial review orders are discretionary, not guaranteed, and concern the decision-making process rather than the merits.
Relying on authority, the court noted that judicial review is a prerogative remedy exercised sui generis under Order 53 of the Civil Procedure Rules and the Law Reform Act, and that the grant of orders such as certiorari, mandamus and prohibition is an exercise of judicial discretion dependent on the circumstances of each case.
Legal principles established
#- The Environment and Land Court, being of equal status with the High Court, has no jurisdiction to entertain judicial review proceedings directed at a decision of the High Court.
- Judicial review is a discretionary, sui generis remedy concerned with the decision-making process rather than the merits of the decision.
Court orders
#- 1.The preliminary objection is upheld and the judicial review application is struck out with costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waziri Abubakari Ali & 2 others v Dyphina M. Khaonyeli [2018] KEELC 2156 (KLR)", Case Analysis (2018). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2156/eng@2018-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.