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ELCOtherNot stated in judgment· [2024] KEELC 1769 (KLR)

Cherop & 3 others v Inspector General National Police & 2 others (Environment & Land Petition 2 of 2024) [2024] KEELC 1769 (KLR)

Environment and Land Court
11 April 2024
AOA O Ombwayo
99 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court cannot hear cases that aren't genuinely about land use or title — misfiled petitions get transferred to the High Court, not dismissed.

What this practically means

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Executive summary

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This short ruling of the Environment and Land Court at Nakuru, delivered virtually on 11 April 2024 by A O Ombwayo J, addresses the question of the court's own jurisdiction. The parties had not complied with the court's directions, but the judge nonetheless perused the application. The court found that the prayers sought by the petitioner did not revolve on Article 162(2)(b) of the Constitution, as they did not relate to environmental land use or title. On that basis, the court held that it lacked the prerequisite jurisdiction to determine the issues raised. Rather than striking out the petition, the court exercised the appropriate remedy of transfer: the petition was transferred to the High Court, which has original unlimited jurisdiction over such matters. The ruling is a jurisdictional determination made at an early stage, made without the benefit of full compliance with procedural directions, and turns entirely on the scope of the specialized jurisdiction conferred on the Environment and Land Court. No costs order was made and no authorities were cited. The practical effect is that the petitioner's cause survives, but must be prosecuted before the High Court rather than the Environment and Land Court.

Key legal issues

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01

Jurisdiction of the Environment and Land Court under Article 162(2)(b)

Holding

The court lacks jurisdiction where the prayers sought do not revolve on environmental land use or title

Reasoning

The court perused the application despite non-compliance with directions and examined the prayers sought by the petitioner. It found that the prayers did not revolve on Article 162(2)(b) of the Constitution and did not relate to environmental land use or title. Since jurisdiction is a prerequisite, the proper course was to transfer the petition to the High Court.

p. 2

Legal principles established

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  • The Environment and Land Court lacks jurisdiction over matters whose prayers do not relate to environmental land use or title under Article 162(2)(b) of the Constitution

Court orders

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  1. 1.The petition is transferred to the High Court, which has original unlimited jurisdiction in such matters
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, "Cherop & 3 others v Inspector General National Police & 2 others (Environment & Land Petition 2 of 2024) [2024] KEELC 1769 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1769/eng@2024-04-11

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