Tabu Lazaro Nzuya & another v David Kinisu Sifuna & 9 others [2021] KEELC 1771 (KLR)

Article 162(2)(b) created the ELC with jurisdiction over environment and land disputes. The Supreme Court in Republic v Karisa Chengo established that the ELC, ELRC and High Court are different, autonomous courts of equal hierarchical stature; none can superintend or review the decisions of another. Because prayers (a) and (c) sought to set aside consent orders of the High Court, and that jurisdiction taint persisted across the plaint, the court lacked jurisdiction over the whole suit and struck it out.

The 9th defendant died on 3rd June 2012 and the plaint was filed on 25th March 2019, with a death certificate, grant and confirmed grant exhibited. Counsel for the plaintiffs argued the defect was curable by substitution. However, having found it lacked jurisdiction, the court could not proceed to determine the remaining issues, as any decision made would amount to nothing.

The 1st defendant argued the plaintiffs lacked locus because the deceased neither owned the suit property nor was the agency created by power of attorney transmissible by death. The plaintiffs asserted capacity as legal representatives holding letters of administration. The court did not pronounce on locus standi, as jurisdiction was decisive and the suit was struck out in its entirety.