Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNakuru ELC suit, Notice of Motion dated 21st March 2017 (sought transfer to Eldoret ELC No. 119 of 2017)· [2018] KEELC 4072 (KLR)

Stephen Kibowen v Raymond Ruto & 5 others [2018] KEELC 4072 (KLR)

Environment and Land Court
15 February 2018
DOD. O. Ohungo
1,354 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court kept a Baringo land dispute in Nakuru, confirming land cases belong in the court nearest the property, not wherever a party prefers.

What this practically means

#

Executive summary

#
The defendants' Notice of Motion dated 21st March 2017 sought transfer of this Nakuru ELC suit to the Eldoret Environment and Land Court for hearing and consolidation with Eldoret ELC No. 119 of 2017, in which the 2nd plaintiff is the 1st defendant's father and challenges the exercise of statutory power of sale by the Agricultural Finance Corporation over Lembus/Kilombe/157. The applicants relied on Gazette Notice No. 1756 of 2009, said to direct that all matters from Baringo County be filed in Eldoret, and argued there was a risk of conflicting decisions. The plaintiff opposed, deposing that he bought the suit property at an auction in Nakuru on 27th May 2014, obtained judgment in Nakuru ELC No. 218 of 2014 leading to his registration as owner, and that the property is 41.6 km from Nakuru but 129.4 km from Eldoret. The court held that Gazette Notice No. 5178 of 2014, being specific to the ELC, superseded the 2009 general practice directions, and paragraph 14 required filing in the nearest ELC. The uncontroverted evidence showed the suit property is nearer Nakuru, so the suit was properly filed there. The Eldoret suit, filed in 2017, could not take precedence over this suit pending since 2015, and fears of conflicting decisions could be managed by parties keeping both courts informed. The application was dismissed with costs to the plaintiff on 15th February 2018.

Key legal issues

#
01

Whether the suit should be transferred to Eldoret pursuant to Gazette Notice No. 1756 of 2009

Holding

The later, ELC-specific Gazette Notice No. 5178 of 2014 governs venue for ELC matters and requires filing in the nearest ELC; since the suit property is nearer Nakuru, the suit was properly filed in Nakuru and transfer was refused.

Reasoning

The court noted Gazette Notice No. 1756 of 2009 gave general directions on filing of suits, but the Chief Justice subsequently issued Gazette Notice No. 5178 of 2014 with directions specific to the Environment and Land Court. Paragraph 14 directs filing of new land cases in the nearest ELC. Uncontroverted evidence showed the suit property was 41.6 km from Nakuru and 129.4 km from Eldoret, so Nakuru was the nearest ELC. Wholesale application of the 2009 notice would produce absurdity given new court stations created after it.

p. 2
02

Whether the existence of the Eldoret suit and risk of conflicting decisions warranted transfer

Holding

The Eldoret suit, filed in 2017, could not take precedence over this suit pending since 2015, and any risk of conflicting decisions could be managed by the parties informing both courts of orders and decisions.

Reasoning

The applicants argued the Eldoret suit challenging the statutory power of sale ought to be heard first since it underpinned the plaintiff's title. The court held the Nakuru suit, being older, takes precedence. It did not find consolidation necessary and considered the risk of inconsistent judgments manageable through parties keeping both courts abreast of developments.

p. 2

Legal principles established

#
  • New cases relating to environment, use and occupation of, and title to land shall be filed in the nearest Environment and Land Court
  • Where suits in different stations raise related issues, the earlier-filed suit takes precedence, and parties may keep courts abreast of decisions to avoid conflicting outcomes

Court orders

#
  1. 1.Notice of Motion dated 21st March 2017 dismissed with costs to the plaintiff

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 162(2)(b)
  • Environment and Land Court ActSection 13
  • Gazette Notice No. 1756 (Practice Directions Relating to The Filing of Suits, Applications and References in Proper Courts)
  • Gazette Notice No. 5178 (Practice Directions on Proceedings in the Environment and Land Courts, and on Proceedings Relating to the Environment and the Use and Occupation of, And Title to Land and Proceedings in Other Courts)Paragraph 14

Cases cited (1)

  • Hangzhou Agrichemical Industries Ltd –vs Panda Flowers Ltd
    [2012] eKLR
Jurisdiction invoked
Inherent power of the court to transfer suits; Gazette Notice No. 5178 dated 25th July 2014 (Practice Directions on Proceedings in the Environment and Land Courts), paragraph 14; Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act No. 19 of 2011

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Stephen Kibowen v Raymond Ruto & 5 others [2018] KEELC 4072 (KLR)", Case Analysis (2018). Nakuru ELC suit, Notice of Motion dated 21st March 2017 (sought transfer to Eldoret ELC No. 119 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4072/eng@2018-02-15

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