Geyser International Assets v Ag & 3 others [2020] KEELC 1731 (KLR)

The court traced its jurisdiction to Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, which grants original and appellate jurisdiction over all disputes relating to environment and land, expressly including disputes relating to compulsory acquisition of land. The court also noted Section 13 empowers it to grant any relief including damages and compensation. Since the Land Act defines 'court' as the Environment and Land Court, the statutory framework does not displace the court's jurisdiction.

The Respondents argued the matter was an ordinary contractual/debt dispute that did not merit constitutional jurisdiction and that statutory dispute-resolution mechanisms under the Land Act had to be exhausted. The court held that the Petition concerns compulsory acquisition of the Petitioner's land by the Government for the construction of the Standard Gauge Railway, a matter expressly within the court's jurisdiction under Section 13 of the Environment and Land Court Act, and therefore dismissed the preliminary objections.