Stanley & another v Mwongera & 5 others; Rutere & another (Interested Parties) (Environment & Land Case 151 of 2017) [2022] KEELC 2948 (KLR)

The court interpreted section 13 of the ELC Act and sections 101 of the Land Registration Act and 128 and 150 of the Land Act, holding that the statutory grant of jurisdiction over environment and land disputes covers contractual claims relating to land. Counsel's submission that Article 162(2) confines the ELC to non-commercial disputes was rejected as a misinterpretation of the law as it now exists.

The court considered the balance of convenience, expense, interest of justice and hardship. The ELC file had substantially complied with Order 11, a scene visit had been undertaken and a report filed, and the interested parties had voluntarily enjoined themselves earlier without objecting to jurisdiction. Transferring would cause the parties to start afresh and delay expeditious disposal.