Mistry Premji Ganji (Investments) Limited v Kenya National Highways Authority (Environment & Land Case 106 of 2015) [2024] KEELC 6491 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the ELC retains jurisdiction over the subject matter after judgment and appeal
The Court lacks statutory jurisdiction to hear the matter any further following its own judgment of 8th April 2021 and the Court of Appeal judgment of 26th April 2024 over the same subject matter
The Court traced the settled principle from Owners of Motor Vessel 'Lillian S' that jurisdiction is donated by the Constitution and statute. The ELC's jurisdiction is limited by Article 162(2) and (3) of the Constitution and Section 13 of the ELC Act. Having rendered final judgment which was appealed and determined, the Court found it lacked jurisdiction to make further determinations and functus officio.
Whether the Court is functus officio
Yes; a court is functus officio once it has performed all its duties and its judgment has been perfected, subject only to correcting clerical errors under the slip rule and residual matters such as costs
Relying on Raila Odinga v IEBC, Telkom Kenya v John Ochanda and Jersey Evening Post v Al Thani, the Court held that the doctrine gives finality to adjudication; once proceedings are concluded the court cannot review or alter its decision, and challenges must go to a higher court.
Costs of the two applications
Each party to bear their own costs, as both parties merely sought directions after the judgments of the two courts
Costs follow the event under Section 27 of the Civil Procedure Act, but the Court exercised its discretion to relieve both parties of costs since neither succeeded or failed on merits; the applications were struck out for want of jurisdiction.
Legal principles established
#- Jurisdiction is everything; a court without jurisdiction must down its tools
- A court that has delivered final judgment which has been appealed against and determined on appeal becomes functus officio and cannot reopen the matter, save for the slip rule and costs
Court orders
#- 1.The Notice of Motion application dated 31st November 2021 and Notice of Motion application dated 18th April, 2024 are struck out
- 2.This Court, being functus officio, can only deal with the issue of costs and any other issue that does not touch on the Judgment
- 3.Each party to bear their own costs
- On appeal from
- Court of Appeal
- Civil Appeal No. E051 of 2021
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act, No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mistry Premji Ganji (Investments) Limited v Kenya National Highways Authority (Environment & Land Case 106 of 2015) [2024] KEELC 6491 (KLR)", Case Analysis (2024). ELC Case No. 106 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6491/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.