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ELCOtherJudicial Review Application (Notice of Motion dated 16th April 2019)· [2020] KEELC 1705 (KLR)

Republic v Attorney General & another; Patricia Kisio Kimanzi & 3 others (Interested Parties) Ex parte Avia Mbitha Ngindu [2020] KEELC 1705 (KLR)

Environment and Land Court
15 July 2020
OAO.A. Angote
1,503 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that only the High Court—not the land court—can decide who legitimately leads a registered community group.

What this practically means

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Executive summary

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The Ex-parte Applicant, Avia Mbitha Ngindu, chairperson and founder of Wendo Wa Mwingi Women Group, moved the court by Notice of Motion dated 16th April 2019 seeking mandamus to compel the Social Development Officer for Mwingi Central Sub-County to deregister the Interested Parties as officials of the Group, and certiorari to quash his decision registering them. She contended that the officer converted a dispute-resolution meeting into an election held in violation of the Group's Constitution, electing non-members, and that his conduct breached the Fair Administrative Action Act. The Interested Parties countered that the April 2018 elections were procedural, that the Applicant had mishandled Group affairs including the registration of parcel Mwingi/Mwingi/1288 in trustees' names, and that the Applicant lacked locus standi. The court observed that the singular relief sought was quashing of the registration of the Interested Parties as officials, and that the ownership of the suit land was pending before Mwingi PMCC No. 16 of 2018. Invoking Article 162(2)(b) of the Constitution, the court held that the validity of the Group's elections falls within the jurisdiction of the High Court, not the Environment and Land Court. It therefore declined to determine the application on the merits and re-transferred the matter to the High Court, Kitui, for hearing and determination. No costs order was made.

Key legal issues

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01

Jurisdiction of the ELC over validity of elections of a women group's officials

Holding

The ELC lacks jurisdiction; validity of the group's elections is a matter for the High Court.

Reasoning

The court noted the underlying dispute concerns ownership of land parcel Mwingi/Mwingi/1288, pending before the lower court in Mwingi PMCC No. 16 of 2018. However, the relief sought - quashing of elections and registration of group officials - concerns the internal affairs and validity of elections of a registered group, which the court held falls within the High Court's jurisdiction, not the ELC's land and environment jurisdiction under Article 162(2)(b).

p. 3

Legal principles established

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  • The Environment and Land Court lacks jurisdiction to determine the validity of elections of officials of a registered group; that jurisdiction lies with the High Court.

Court orders

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  1. 1.The matter, originally filed in the High Court, Kitui, is re-transferred to the High Court, Kitui for hearing and determination

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Fair Administrative Action ActGeneral principles

Cases cited (1)

  • Republic vs. Public Procurement Administrative Review Board & 2 Others Ex parte; Rongo University
    (2018) eKLR
Jurisdiction invoked
Article 162(2)(b) of the Constitution

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, "Republic v Attorney General & another; Patricia Kisio Kimanzi & 3 others (Interested Parties) Ex parte Avia Mbitha Ngindu [2020] KEELC 1705 (KLR)", Case Analysis (2020). Judicial Review Application (Notice of Motion dated 16th April 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1705/eng@2020-07-15

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