Muchunu v Muriithi & 3 others (Miscellaneous Civil Application E200 of 2024) [2024] KEHC 16860 (KLR) (29 October 2024) (Ruling) Neutral citation: [2024] KEHC 16860 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CIVIL APPLICATION E200 OF 2024 DO CHEPKWONY, J OCTOBER 29, 2024 BETWEEN PAUL NJUGUNA MUCHUNU .............................................................. APPLICANT AND JANE NYAMBURA MURIITHI .................................................. 1ST RESPONDENT JAMES NGOIMA KAMUNGE .................................................... 2ND RESPONDENT THE HONOURABLE ATTORNEY GENERAL ........................ 3RD RESPONDENT THE LAND REGISTRAR, KIAMBU ......................................... 4TH RESPONDENT RULING 1. This matter is for mention for parties to confirm compliance of directions issued on 9th October, 2024. However, the Applicant and or his counsel are not in attendance and they have not sent any representation to explain their absence. Counsel for the Respondents, Mr. Mwangi is in attendance and has sought the application to be dismissed with costs since he had filed a Notice of Preliminary Objection dated 25th October, 2025 in response. 2. The applicant, vide a Notice of Motion application dated 27th September, 2024 has sought for orders that:a. Spent; b. The Honourable Court be pleased to withdraw and transfer Kiambu Chief Magistrate’s Court Environment and Land Case No.E024 of 2024 to Limuru Senior Principal Magistrate’s Court for hearing and determination. c. Costs of the application be borne by the Respondents. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16860/eng@2024-10-29 1
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3. The application is based on the grounds on its face and he Supporting Affidavit of Francis Mburu Machua, counsel for the Applicant. 4. The 2nd Respondent has opposed the application vide a Notice of Preliminary Objection dated 25th October, 2024 where he has raised the following grounds in objecting to the said application:a. That the Petition is totally defective and bad in law. b. That this Honourable Court lacks the requisite jurisdiction to entertain this application reason being that the same offends Article 16291)(b) of the Constitution of Kenya, 2010 and Section 13(1) and (2) of the Environment and Land Court Act, No.19 of 2011, which provisions require that matters relating to Environment and Land be heard by the Environment and Land Court. c. That Kiambu Magistrate’s Environment and Land Case No.E024 of 2024 was already withdrawn by the Applicant and as such this Honourable Court ought not to issue orders in respect of a non-existent suit. 5. The Applicant therefore seeks to have the application dated 27th September, 2024 struck out with costs to the 2nd Respondent. 6. Upon considering the nature of the suit sought to be transferred and the grounds upon which the same is opposed, this Court aligns itself with the sentiments of the 2nd Respondent in the Notice of Preliminary Objection that this court lacks the requisite jurisdiction to entertain the application as this would be offensive to the provision of Section 13(1) and (2) of the Environment and Land Court Act, No.19 of 2011 which gives effect to Article 162(2)(b) of the Constitution of Kenya, 2010 which established the Environment and Land Court with the original, supervisory and appellate jurisdiction to hear and determine disputes relating to the Environment, the use and occupation of and title to land. 7. This Court therefore proceeds to strike the Notice of Motion application dated 27th September, 2024 with costs to be 2nd Respondent. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF OCTOBER, 2024. D. O. CHEPKWONY JUDGE In the presence of:Mr. Mwangi counsel for 2nd Respondent Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16860/eng@2024-10-29 2
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