Original language

English

Country
Kenya
Date of text
Type of court
National - higher court
Sources
Court name
High Court
Seat of court
Nairobi
Reference number
Petition No.72 of 2013
Tagging
Jurisdiction, Constitutional, Admissibility, Access to Justice, Human Rights, Remedies, Standing
Free tags
Environment gen.
Legal questions
Justice(s)
J. I. LENAOLA
Abstract

The applicants wanted the Court to test the constitutionality of an environmental directive relating to the use and occupation of and title to land. They meant that conferring onto the Magistrate’s Courts the jurisdiction to hear and determine new cases relating to the above was unconstitutional, null and void. They meant that the jurisdiction belonged only to the Environment and Land Court.

The applicants previously had a case that was determined by the Magistrate’s Court regarding land. There was however issues regarding whether the case should have been determined before this court or not.

The Court dismissed the originating notice of notion and meant that the Environmental and Land Court had appellate jurisdiction, and that the Magistrates’ Courts have jurisdiction in cases that can then be appealed to the Environmental and Land Court.