Leonard Wafula Walubengo & 29 others v Maurice Nabiliki Watta & 5 others [2020] KEELC 3489 (KLR)
The bottom line
#The Environment and Land Court refused to stop evictions ordered by a Bungoma magistrate's court, ruling it lacked power to supervise or review concluded cases.
What this practically means
#Executive summary
#Key legal issues
#Supervisory jurisdiction of the ELC over subordinate courts
Declined; jurisdiction removed by amendment and Article 165(6) and (7) vests such power in the High Court only
The court noted that Section 13(5) and (6) of the ELC Act, which previously conferred supervisory jurisdiction, was deleted by amendment. Article 165(6) and (7) of the Constitution refers specifically to the High Court. Further, the subordinate court matter had been heard, finalized and a decree issued, so calling up the file would be improper absent appellate jurisdiction.
Stay of execution pending appeal
Not available as no appeal was pending before the ELC
Order 42 Rule 6 CPR only empowers the court to stay execution pending appeal. There was no appeal before the ELC, and the applicants' stay application was already pending before the trial court, making the issue sub judice.
Transfer of a concluded suit
Refused; a finalized suit cannot be transferred
The subordinate court suit had proceeded to judgment and decree. The court held that transfer for want of pecuniary jurisdiction is only available for pending suits and the prayer was not available to the applicants.
Remedy for non-parties aggrieved by a decree
Review by the trial court under Order 45 CPR
Counsel argued that non-parties cannot appeal. The court observed that Order 45 of the Civil Procedure Rules, which refers to 'Any person considering himself aggrieved', offers a window to such persons.
Legal principles established
#- The Environment and Land Court no longer has supervisory jurisdiction over subordinate courts following amendments to Section 13 of the ELC Act
- A concluded suit cannot be transferred to the ELC for want of pecuniary jurisdiction
- Stay of execution under Order 42 Rule 6 CPR is only available on appeal; non-parties aggrieved by a decree may pursue review under Order 45
Court orders
#- 1.The amended Notice of Motion dated 28th October 2019 dismissed with no orders as to costs
- Jurisdiction invoked
- Supervisory and transfer jurisdiction of the Environment and Land Court; Article 165(6) and (7) of the Constitution considered and found inapplicable
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leonard Wafula Walubengo & 29 others v Maurice Nabiliki Watta & 5 others [2020] KEELC 3489 (KLR)", Case Analysis (2020). Not stated in judgment (Notice of Motion dated 28th October 2019 as amended on 27th November 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3489/eng@2020-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.