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Nuh Nassir Abdi V Ali Wario & 2 Others [2013] eKLR

Case Number: Election Petition 6 of 2013 Date Delivered: 11 Jul 2013

Judge: George Vincent Odunga

Court: High Court at Mombasa

Parties: Nuh Nassir Abdi v Ali Wario, Francis Runya (Returning Officer, Bura Constituency & Independent Electroral and Boundaries Commission

Citation: Nuh Nassir Abdi V Ali Wario & 2 Others [2013] eKLR

High Court’s discretion in ordering recount and scrutiny of votes in election petitions

Nuh Nassir Abdi V Ali Wario & 3 others

                                                       High Court at Mombasa

Election Petition No.6 of 2013

G.V.Odunga

July 11, 2013

Reported by Andrew Halonyere & Cynthia Liavule

 

Issues

  1. Whether  rule 33 of the Elections (Parliamentary and County Elections) Petitions Rules was inconsistent with section 82 of the Elections Act
  2.  Whether the High court had jurisdiction to deal with an application for recount and scrutiny of votes in an election petition
  3. Whether the application for recount and scrutiny of votes could be allowed in order to expedite the hearing of the petition

 

Electoral Law –election petition-recount and scrutiny of votes-jurisdiction of the High Court to deal with applications for recount and scrutiny of votes in an election petition- whether application would expedite the hearing of the election petition

 

Statutes-interpretation of statutes-whether rule 33 of the  Elections (Parliamentary and County Elections) Petitions Rules was inconsistent with section 82 of the Elections Act- Elections Act, section 82,Elections (Parliamentary and County Elections) Petitions Rules, 2013 rules 17(1)(d),17(g), 33

 

Elections (Parliamentary and County Elections) Petitions Rules, 2013

Rule 17(1) Within seven days after the receipt of the last response to a petition, the court shall schedule a pre-trial conference with the parties in which it shall give directions for the expeditious disposal of the suit or any outstanding  issues;

(g) give directions for the expeditious disposal of the suit or any outstanding issues;

 (k) make such other orders as may be necessary to prevent unnecessary expenses and to ensure a fair and effectual trial.

 

Rule 33

(1) The parties to the proceedings may, at any stage apply for scrutiny of the votes for purposes of establishing the validity of the votes cast.

 (2) Upon an application under sub-rule (1), the court may, if it is satisfied that there is sufficient reason, order for a scrutiny or recount of the votes.

 

Held

  1. Whereas rule 33 of the Elections (Parliamentary and County Elections) Petitions Rules provided that a sufficient reason had to be shown before the Court could be satisfied that scrutiny or recount ought to be ordered, section 82 of the Elections Act donated wide and unfettered discretion on the Court to make such orders in such manner as it could direct.
  2. Interpreting section 82 of the Elections Act  in accordance with rule 33 of the Elections Petition Rules would fall foul of section 31(b) of the Interpretations and General Provisions Act, which provided that no subsidiary legislation should be inconsistent with the provisions of an Act.
  3. The effect of rule 33 was to fetter the wide discretion given to the Court by section 82 of the Elections Act. The rule was perhaps unnecessary, but served to give guidance to the court on what considerations to take into account when an application for scrutiny and recount was made by a party rather than on the Court’s own motion.
  4. Rule 17(1) (d) of the Elections Petition Rules empowered the Court to deal with all interlocutory applications and decide on their expeditious disposal during the pre-trial conference. An application for recount and scrutiny could be dealt with by the court pursuant to the provisions of section 82 of the Elections Act if to do so would expedite the hearing of the petition.
  5. In ordering for a scrutiny and recount it was not necessary for the court   to deal with a pending application under rule 17(1) (d) but it could invoke its powers under section 82 of the Act as read with rule 17(1)(g) and (k) of the Rules and summarily make an order for recount and scrutiny at the time of the pre-trial directions. This could also be done prior to the taking of any evidence.
  6. The power of the Court to make an order for scrutiny and recount was further grounded on the overriding objective stipulated in rule 4 of the Elections Petition Rules. Where the vote margin was narrow, courts were more inclined to order scrutiny even without the petitioner laying a foundation. However what amounted to a narrow margin was a matter of fact based on the circumstances of the case. The narrower the margin the more likely that results were affected substantially.
  7. A decision whether or not to vary, set aside or review earlier orders was an exercise of judicial discretion and the Court could only exercise such discretion if to do so would serve a useful purpose. If the orders sought in the application were granted there would be no useful purpose served save for the delay in expediting the hearing and determination of the petition.

 

Application dismissed. Costs awarded to petitioner

 

 

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Russel Hopewell & Another V Abdalla Ali Abdulrahman [2013] eKLR

Case Number: Civil Case 113 of 2012 Date Delivered: 11 Jul 2013

Judge: Oscar Angote

Court: Environment and Land Court at Malindi

Parties: Russel Hopewell & Maria Hopewell v Abdalla Ali Abdulrahman

Citation: Russel Hopewell & Another V Abdalla Ali Abdulrahman [2013] eKLR

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Duncan K. Wachira V Muringa Holdings Limited [2013] eKLR

Case Number: Civil Case 282 of 2013 Date Delivered: 11 Jul 2013

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Duncan K. Wachira v Muringa Holdings Limited

Citation: Duncan K. Wachira V Muringa Holdings Limited [2013] eKLR

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Jamin Kiombe Lidodo V Emily Jerono Kiomber & Another [2013] eKLR

Case Number: E&L 218 of 2012 Date Delivered: 11 Jul 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Jamin Kiombe Lidodo v Emily Jerono Kiomber & another

Citation: Jamin Kiombe Lidodo V Emily Jerono Kiomber & Another [2013] eKLR

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Rodgers Mundu Munga V Patrick Chishenga & 2 Others [2013] eKLR

Case Number: Civil Case 58 of 2013 Date Delivered: 11 Jul 2013

Judge: Oscar Angote

Court: Environment and Land Court at Malindi

Parties: Rodgers Mundu Munga v Patrick Chishenga,Edison Kashindo Munga & Benson Runya Munga

Citation: Rodgers Mundu Munga V Patrick Chishenga & 2 Others [2013] eKLR

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Caesar Njagi Kinguru V Josiah Mwangi Marigi [2013] eKLR

Case Number: Civil Appeal. 170 Of 2012 Date Delivered: 11 Jul 2013

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: Caesar Njagi Kinguru v Josiah Mwangi Marig

Citation: Caesar Njagi Kinguru V Josiah Mwangi Marigi [2013] eKLR

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Charles Mwangi Karingithi V Eunice Wanjugu Karingithi [2013] eKLR

Case Number: Civil Application NYR 9 of 2013 Date Delivered: 11 Jul 2013

Judge: James Otieno Odek

Court: Court of Appeal at Nyeri

Parties: Charles Mwangi Karingithi v Eunice Wanjugu Karingithi

Citation: Charles Mwangi Karingithi V Eunice Wanjugu Karingithi [2013] eKLR

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Republic V Darious Mwiti Kaburu [2013] eKLR

Case Number: Criminal Case 16 of 2013 Date Delivered: 11 Jul 2013

Judge: Jessie Wanjiku Lessit

Court: High Court at Meru

Parties: Republic v Darious Mwiti Kaburu

Citation: Republic V Darious Mwiti Kaburu [2013] eKLR

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Nzuki Ngulkyo V Francis Kangata Kiragu & 2 Others [2013] eKLR

Case Number: Misc Application. 484 Of 2013 Date Delivered: 11 Jul 2013

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Nzuki Ngulkyo v Francis Kangata Kiragu,Nancy Mwende Kangata & Josephat Mutiso Mwangangi

Citation: Nzuki Ngulkyo V Francis Kangata Kiragu & 2 Others [2013] eKLR

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Johanna Zouari Geissbulher V Violi Federigo & Another [2013] eKLR

Case Number: Civil Case 89 of 2008 Date Delivered: 11 Jul 2013

Judge: Oscar Angote

Court: High Court at Malindi

Parties: Johanna Zouari Geissbulher v Violi Federigo & Luigi Freguglia

Citation: Johanna Zouari Geissbulher V Violi Federigo & Another [2013] eKLR

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Kahindi Kambi Mbita V Pola Charo Kaniki [2013] eKLR

Case Number: Civil Case 23 of 2013 Date Delivered: 11 Jul 2013

Judge: Oscar Angote

Court: High Court at Malindi

Parties: Kahindi Kambi Mbita v Pola Charo Kaniki

Citation: Kahindi Kambi Mbita V Pola Charo Kaniki [2013] eKLR

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Eunita Anyango Geko & Another V Philip Obungu Orinda [2013] eKLR

Case Number: Miscellaneous Civil Application.1 Of 2013 Date Delivered: 11 Jul 2013

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Eunita Anyango Geko & Esther Atieno Maucha v Philip Obungu Orinda

Citation: Eunita Anyango Geko & Another V Philip Obungu Orinda [2013] eKLR

Woman to woman marriages recognised as legitimate marriages under Succession Laws

Eunita Anyango Geko & another v Philip Obungu Orinda

 Miscellaneous Civil Application No.1 of 2013

High Court 0f Kenya at Kisii

Ruth Nekoye Sitati, J

July 11th, 2013

Reported by Mercy Ombima

Brief Facts

The Applicants (two women) sought a restraining injunction against the Respondent from intermeddling into the property of the deceased person (a woman) whom they claimed was their husband.  The Respondent was one of the two step sons of the deceased person who held the suit property in trust of the deceased. He sought for grant of letters of administration intestate of the suit property claiming that he was the son of the deceased and that the Applicants could not be wives of the deceased because the deceased was a woman.

It was established that the deceased had married the Applicants in a woman to woman marriage under Suba customary Laws and that the deceased had paid dowry of nine heads of cattle to the First Applicant’s parents and six heads of cattle to the Second Applicant’s parents. The deceased married the Applicants after her only birth son died and she was past child-bearing age, such that she arranged for a man of her husband’s age set to impregnate the Applicants. The Applicants as a result bore eleven children between them, for whom they sought to safeguard their inheritance. The Applicants claimed that they had a right to inherit the deceased’s property because they, together with their children were beneficiaries of the deceased person.

Law of Succession – woman-to woman unions – order in ranking of beneficiaries of woman to woman unions - where the Respondent disputed the granting of letters of probate to the Applicants who were widows of the deceased ( a woman) – claim that the Applicants were not proper beneficiaries of the deceased under the Law of Succession - whether the law of succession recognised woman- to woman marriages – whether the children of the woman to woman union of the Applicants could be considered as dependants of the deceased - Law of Succession Act CAP 160 section 29; 66

Issues

i. Whether the children of the Applicants, who were born out of a woman to woman marriage, could be considered as beneficiaries under the law of succession

ii. What was the order in ranking of inheritance, where there were issues arising out of a woman to woman marriage?

Words and Phrases – definition of the word “dependant” – definition according to the Law of Succession Act CAP 160

Held

1. Woman-to-woman marriages did occur among certain communities in Kenya. Once the set parameters were fulfilled, the law of succession as enshrined in the Law of Succession Act applied to such marriages upon the death of the woman-husband. Relationships arising from woman-to-woman marriages could be adopted and read into the broad frame work of the Law of Succession Act. 

2. The word “dependant” was defined in section 29 of the Law of Succession Act to mean the wife/wives, or former wife/wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death. The evidence adduced by the Applicants, put together with the provisions of section 29 of the Laws of Succession Act showed that the Applicants and their respective children were in the first line of inheritance, in relation to the estate of the deceased.

3. The Respondent had obtained the Grant of Letters of Administration Intestate in relation to the estate of the deceased through fraud and false misrepresentation of facts, by representing himself as the only son of the deceased. The Respondent was however not and the rightful heir of the suit property in relation to the estate of the deceased. He had his own share of the estate of his late father.

4. The Applicants and their respective children were to be preferentially granted any lawful Letters of Administration intestate in respect of the intestate estate of their late woman-husband and woman-father. Further, the provisions of section 66 of the Law of Succession Act placed the Applicants and their respective children ahead of any other claimant to the estate of the deceased.  The section provided that when a deceased died intestate, the court was to have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made. The court was to be directed by the following order of preference –

            a). Surviving spouse or spouses, with or without association of other    beneficiaries;

            b). other beneficiaries entitled on intestacy, with priority according to their   respective beneficial interests

            c). the Public Trustee;

            d). Creditors

5. It was already established by evidence on record that the Applicants were wives of the deceased as at the time of her demise. The eleven children were therefore the children of the deceased and were all therefore beneficially entitled to her intestate estate.  No other beneficiary stood above the locus standi of the Applicants as regarded the estate of their woman-husband, not even the Respondent who was a step son to the deceased. The Respondent lacked the locus standi to petition for the Grant of Letters of Administration Intestate of the estate of the deceased in the face of the Applicants who ranked first in priority for the grant of the Letters of Administration.

Application Allowed

Cases:

East Africa;

  1. Katam, Monica Jesang v Jackson Chepkwony & another Succession Cause No 212 of 2010 –  – (Explained)
  2. Mbugua, Millicent Njeri v Alice Wambui Wainaina Civil Appeal No 50 of 2003 – (Mentioned)
  3. Ombuna, Agnes Kwamboka v Birisila Kerubo Ombuna Civil Appeal No 132 of 2008 – (Mentioned)

Statutes:

East Africa;

  1. Civil Procedure Act (cap 21) sections 3, 3A – (Interpreted)
  2. Civil Procedure Rules, 2010 (cap 21 Sub Leg) order 40 rules 1, 2, 3, 4, 5 – (Interpreted)
  3. Law of Succession Act (cap 160) sections 29, 48, 76 – (Interpreted)
  4. Probate and Administration Rules (cap 160 Sub Leg) rule 44 – (Interpreted)

Texts & Journals:

  1. Cortran. E., (Ed) (1968) Restatement of African Law - Kenya Sweet & Maxwell Ltd Vol 1 p 13

 

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Enos Onyango Atendo V Charles Odero Adage & Another [2013] eKLR

Case Number: Succession Cause.311 Of 2010 Date Delivered: 11 Jul 2013

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Enos Onyango Atendo v Charles Odero Adage & Leah A. Otieno

Citation: Enos Onyango Atendo V Charles Odero Adage & Another [2013] eKLR

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Evans Edward Michoma V James Machuka Michoma [2013] eKLR

Case Number: Succession Cause 85 of 2006 Date Delivered: 11 Jul 2013

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Evans Edward Michoma v James Machuka Michoma

Citation: Evans Edward Michoma V James Machuka Michoma [2013] eKLR

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Sigma Feeds Ltd V Director Nairobi City Planning Department & Another Interested Party Metcourt Hostels Limited [2013] eKLR

Case Number: Jr Case 28 of 2009 Date Delivered: 11 Jul 2013

Judge: Weldon Kipyegon Korir

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Sigma Feeds Ltd v Director Nairobi City Planning Department & Town Clerk City Council Of Nairobi Interested Party Metcourt Hostels Limited

Citation: Sigma Feeds Ltd V Director Nairobi City Planning Department & Another Interested Party Metcourt Hostels Limited [2013] eKLR

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Alloys Nyerere Omari V Ann Kerubo Ombachi & 5 Others [2013] eKLR

Case Number: Succession Cause 210 of 1994 Date Delivered: 11 Jul 2013

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Alloys Nyerere Omari v Ann Kerubo Ombachi, Isaac Ondimu Obaga, Nyamato Kebaso John, David Momanyi Mogwasi, Zablon Ratemo & Daniel Misati Kemuma

Citation: Alloys Nyerere Omari V Ann Kerubo Ombachi & 5 Others [2013] eKLR

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John Muathe Kituku & Another V Muathe Kituku (Deceased) & Another [2013] eKLR

Case Number: Succession Cause 540 of 2009 Date Delivered: 11 Jul 2013

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: John Muathe Kituku,Peter Muindi Kituku v Muathe Kituku (Deceased), Priscilla Koki Muathe

Citation: John Muathe Kituku & Another V Muathe Kituku (Deceased) & Another [2013] eKLR

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Kahindi Karisa Mudzomba & Another V Kadzo Charo & 4 Others [2013] eKLR

Case Number: Hccc. 66 Of 2012 Date Delivered: 11 Jul 2013

Judge: Oscar Angote

Court: High Court at Malindi

Parties: Kahindi Karisa Mudzomba & Kazungu Karisa Mudzomba v . Kadzo Charo 2. Nyevu Charo 3. Bahati Charo 4. Shauri Charo & Athuma Barua Nyambu

Citation: Kahindi Karisa Mudzomba & Another V Kadzo Charo & 4 Others [2013] eKLR

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Gallot Industries Ltd & Another V Peter Wane & Another [2013] eKLR

Case Number: Civil Case 188 of 2011 Date Delivered: 11 Jul 2013

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: Peter Wane & M.G Park Limited v Peter Wane & Paul Munguti

Citation: Gallot Industries Ltd & Another V Peter Wane & Another [2013] eKLR

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Mohammed Said V County Council Of Nandi [2013] eKLR

Case Number: E&L Petition 2 of 2013 Date Delivered: 11 Jul 2013

Judge: Munyao Sila

Court: Environment and Land Court at Eldoret

Parties: Mohammed Said v County Council Of Nandi & Mathew Kenuiyow

Citation: Mohammed Said V County Council Of Nandi [2013] eKLR

Environment and Land Court Jurisdiction to Interpret Fundamental Rights and Freedoms over Environment and Land Matters, not Restricted to articles 42, 69 and 70 of the Constitution of Kenya 2010

Mohammed Said V County Council of Nandi & Another

E&L Petition No. 2 of 2013

Environment and Land Court of Kenya at Eldoret

J.M Sila, J

July 11th, 2013

Reported by Mercy Ombima

Brief Facts

The Petitioner in this case instituted a constitutional petition in the Land and Environment Court, under provisions of the Constitution of Kenya (repealed), the Constitution of Kenya 2010 and various land acts, alleging breach of his fundamental rights and freedom with regard to his rights to land. The second Respondent in protest filed a preliminary objection claiming that the Environment and Land Court had no jurisdiction to hear a constitutional petition unless it fell under articles 42, 69 and 70 of the Constitution of Kenya 2010. Article 42 of the Constitution of Kenya 2010 provided for the protection of the right to a clean and healthy environment; article 69 put an obligation on the state to ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources and to ensure equitable distribution of accruing benefits, while article 70 provided for enforcement of environmental rights.

Issues

  1. Whether Environment and Land Court had jurisdiction to determine disputes concerning breach of fundamental rights and freedoms in relation to land and the environment
  2. Whether the Environment and Land Court was restricted hear constitutional petitions founded solely on breaches of articles 42, 69 and 70 of the Constitution of Kenya 2010

Constitutional Law - fundamental rights and freedoms – enforcement of fundamental rights and freedoms related to land and environment disputes – whether the mandate to determine matters relating to fundamental rights and freedoms fell exclusively in the high court - whether the powers of the Environment and Land Court to determine fundamental rights and freedoms with regard to land was limited to articles 42, 69 and 70 of the Constitution – Constitution of Kenya 2010 article 42; 69; 70; 162(1) ), Environment and Land Court Act, Act No. 19 of 2011 sections 4;13(1);13(2);13(3)

Jurisdiction – jurisdiction of the Environment and Land Court – jurisdiction to determine disputes falling under the Bill of Rights and other fundamental rights and freedoms - claim that the Environment and Land Court did not have jurisdiction to entertain a constitutional petition which did not fall within articles 42, 69 and 70 of the Constitution of Kenya 2010 – Constitution of Kenya 2010 articles 42; 69; 70; 162(1), Environment and Land Court Act, Act No. 19 of 2011 sections 4;13(1);13(2);13(3)

Constitution of Kenya 2010

Article 162(1)

162. (1) [The] superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause (2).

(2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to—

(a) [Employment] and labour relations; and

(b) [T]he environment and the use and occupation of, and title to, land.

(3) Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2).

(4) The subordinate courts are the courts established under article 169, or by Parliament in accordance with that Article.

Held

  1. The Environment and Land Court was a new court created by the provisions of article 162 (2) (b) of the Constitution of Kenya 2010. That court was one of the superior courts supposed to be established pursuant to article 162 of the Constitution of Kenya. The purpose of establishing the Environment & Land Court was to have a court solely to hear and determine disputes relating to the environment and the use and occupation of, and title to land.
  2. Article 162 of the Constitution obligated parliament to pass legislation to establish the court and determine its jurisdiction and functions. Parliament did not however have the  discretion to impose any other jurisdiction on the court save for that under article 162 (2) (b) of the Constitution of Kenya
  3. Pursuant to the provisions of article 162 (2) (b) of the Constitution, parliament had enacted the Environment and Land Court Act, Act No. 19 of 2011. Section 4 of the act established the Environment and Land Court which was a superior court of record with the status of the High Court. The jurisdiction of the court was laid out in section 13 of the act.
  4. The general jurisdiction was set out in section 13 (1) of the Environment and Land Court act which emphasized that the Environment & Land Court had both original and appellate jurisdiction to hear and determine all disputes in accordance with article 162(2)(b) of the Constitution  of Kenya and with the provisions of the Environment & Land Court Act, or any other law applicable in Kenya relating to environment and land.
  5. Section 13(2) of the Act clarified the general jurisdiction in section 13(1) to avoid ambiguity as to what a matter touching on land and environment was. Section 13(3) emphatically stated that nothing was to preclude the jurisdiction of the Environment & Land Court to hear applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to a clean and healthy environment under Articles 42, 69 and 70 of the Constitution.
  6. A plain reading of section 13(3) of the Environment and Land Court Act would demonstrate that the jurisdiction of the court was not limited only to hearing matters touching on violations of articles 42, 69, and 70 of the Constitution. That section did not state that the Environment & Land Court was only to hear the matters set out in articles 42, 69 and 70 of the Constitution. The section for whatever reason emphasized the jurisdiction of the court to hear petitions touching on the environment.
  7. There was no preclusion to hear any other petition, grounded on any other article of the Constitution, so long as it fell within the purview of land and the environment. The High Court had no jurisdiction in respect of matters that fell within the jurisdiction of the Environment and Land Court or those falling within the jurisdiction of the Industrial Court. This is set out in article 165 (5) of the Constitution.
  8. Matters touching on the environment and land were to be heard and determined by the Environment and Land Court. The same applied to jurisdiction touching on employment and labour relations. The High Court had no jurisdiction to hear and determine such disputes even when they are filed as constitutional petitions.
  9. The Environment and Land Court had jurisdiction to interpret the Constitution of Kenya and fundamental rights and freedoms over matters which fell under the subject matter of environment and land.
  10. The jurisdiction of the Environment and Land Court was not restricted only to hearing petitions falling under articles 42, 69 and 70. It could hear any constitutional petition under any provision of the constitution, so long as the matter related to the environment and the use and occupation of, and title to, land.

Preliminary Objection Dismissed

 

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Peter Lawrence Kinyua Mwai V Roman Ngatia Munuhe [2013] eKLR

Case Number: Civil Case 82 of 2006 Date Delivered: 10 Jul 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Peter Lawrence Kinyua Mwai v Roman Ngatia Munuhe

Citation: Peter Lawrence Kinyua Mwai V Roman Ngatia Munuhe [2013] eKLR

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Eliazer Kiprugut Kosgei V Barclays Bank Of Kenya & Another [2013] eKLR

Case Number: E&L 812 of 2012 Date Delivered: 10 Jul 2013

Judge: Munyao Sila

Court: Environment and Land Court at Eldoret

Parties: Eliazer Kiprugut Kosgei v Barclays Bank of Kenya, Dalali Traders

Citation: Eliazer Kiprugut Kosgei V Barclays Bank Of Kenya & Another [2013] eKLR

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Joseph Kiponda V Independent Electoral And Boundaries Commission & Another [2013] eKLR

Case Number: Election Petition 1 of 2013 Date Delivered: 10 Jul 2013

Judge: Y A Shikanda

Court: Election Petition in Magistrate Courts

Parties: Joseph Kiponda v Independent Electoral and Boundaries Commission & Stephen Bahati Mlanda

Citation: Joseph Kiponda V Independent Electoral And Boundaries Commission & Another [2013] eKLR

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Independent Electoral & Boundaries Commission[2013] eKLR

Case Number: Election Petition. 01 Of 2013 Date Delivered: 10 Jul 2013

Judge: S.N. RIECHI C M

Court: Election Petition in Magistrate Courts

Parties: Independent Electoral & Boundaries Commission

Citation: Independent Electoral & Boundaries Commission[2013] eKLR

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Motokaa Nthautho & 19 Others V Attorney General [2013] eKLR

Case Number: Civil Case 97 of 2005 Date Delivered: 10 Jul 2013

Judge: Hedwig Imbosa Ong'udi

Court: High Court at Embu

Parties: Motokaa Nthautho & 19 Others v Attorney General ,Muchiri Kombo & 19 Others

Citation: Motokaa Nthautho & 19 Others V Attorney General [2013] eKLR

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Clearspan Construction (A) Limited V East African Gas Company Limited & Another [2013] eKLR

Case Number: Civil Suit 1 of 2004 Date Delivered: 10 Jul 2013

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Clearspan Construction (A) Limited v East African Gas Company Limited & Viking World Investment SA

Citation: Clearspan Construction (A) Limited V East African Gas Company Limited & Another [2013] eKLR

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Clearspan Construction (A) Limited V East African Gas Company Limited & Another [2013] eKLR

Case Number: Civil Suit 1 of 2004 Date Delivered: 10 Jul 2013

Judge: Mary Muhanji Kasango

Court: High Court at Mombasa

Parties: Clearspan Construction (A) Limited v East African Gas Company Limited & Viking World Investment SA

Citation: Clearspan Construction (A) Limited V East African Gas Company Limited & Another [2013] eKLR

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Republic V Florence Keter [2013] eKLR

Case Number: Criminal Case 35 of 2012 Date Delivered: 10 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Republic v Florence Keter

Citation: Republic V Florence Keter [2013] eKLR

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Domotila Wanzila Muvanya V Insurance Regulatory Authority & 4 Others [2013] eKLR

Case Number: Petition 48 of 2012 Date Delivered: 09 Jul 2013

Judge: Monica Mbaru

Court: Employment and labour Relation Court at Nairobi

Parties: Domotila Wanzila Muvanya v Insurance Regulatory Authority, Sammy Mutua Makove, Godfrey Kimaiyo Kiptum, Mary Wanjiru Azegele & Felix Chelimo

Citation: Domotila Wanzila Muvanya V Insurance Regulatory Authority & 4 Others [2013] eKLR

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Susan Gatiria M'mukira & 4 Others V Beatrice Kuri Francis [2013] eKLR

Case Number: Elc Case 164 of 2013 Date Delivered: 09 Jul 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Susan Gatiria M'mukira, Catherene Makandi Mutwiri, David Mutuma M'iringo, Edith Kairuth & Doreen Mukuba v Beatrice Kuri Francis

Citation: Susan Gatiria M'mukira & 4 Others V Beatrice Kuri Francis [2013] eKLR

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Kipturgo Amdany V Johana Sirma Cheburet [2013] eKLR

Case Number: E&l 299 of 2013 Date Delivered: 09 Jul 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Kipturgo Amdany v Johana Sirma Cheburet

Citation: Kipturgo Amdany V Johana Sirma Cheburet [2013] eKLR

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Kinugu M''tuaruchiu V John M'impwii M'muthuri & 2 Others [2013] eKLR

Case Number: Misc. Application 191 of 2004 Date Delivered: 09 Jul 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Kinugu M''tuaruchiu v John M'impwii M'muthuri,Meru Central Land Disputes Tribunal & Chief Magistrate Meru Law Courts

Citation: Kinugu M''tuaruchiu V John M'impwii M'muthuri & 2 Others [2013] eKLR

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Harrison Gicharu Ng’ang’a V John Njoroge Murage [2013] eKLR

Case Number: ELC Suit 296 of 2012 Date Delivered: 09 Jul 2013

Judge: Pauline Nyamweya

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Harrison Gicharu Ng’ang’a v John Njoroge Murage

Citation: Harrison Gicharu Ng’ang’a V John Njoroge Murage [2013] eKLR

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Emily Jeptoo V Hellen Jeruto & 3 Others

Case Number: Civil Appeal 99 of 2012 Date Delivered: 09 Jul 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Emily Jeptoo, Hellen Jeruto, Kipruto Mutai,Isaac Kipkosgei & Linus Kiptoo Chepkwony

Citation: Emily Jeptoo V Hellen Jeruto & 3 Others

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Brunella Panini & 69 Others V Policino Oasis Management Limited & 4 Others [2013] eKLR

Case Number: Civil Case 38 of 2011 Date Delivered: 09 Jul 2013

Judge: Oscar Angote

Court: High Court at Malindi

Parties: Brunella Panini & 66 Others,Belluomini Giuliana,Maria Petrino & Gianna Elisa Reccosta v Policino Oasis Management Limited, Policino Oasis Limited, Giovanni De Caro, Policino Cosimo & Thomas Hinzano Ngonyo

Citation: Brunella Panini & 69 Others V Policino Oasis Management Limited & 4 Others [2013] eKLR

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Stephen Kipkosgei Samoei & 61 Others V William Chepkiyeng & 21 Others [2013] eKLR

Case Number: ELC 68 of 2013 Date Delivered: 09 Jul 2013

Judge: Munyao Sila

Court: Environment and Land Court at Eldoret

Parties: Stephen Kipkosgei Samoei & 61 Others v William Chepkiyeng & 21 Others

Citation: Stephen Kipkosgei Samoei & 61 Others V William Chepkiyeng & 21 Others [2013] eKLR

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Stephen Kipkosgei Samoei & 61 Others V William Chepkiyeng & 21 Others [2013] eKLR

Case Number: ELC 68 of 2013 Date Delivered: 09 Jul 2013

Judge: Munyao Sila

Court: Environment and Land Court at Eldoret

Parties: Stephen Kipkosgei Samoei & 61 Others v William Chepkiyeng & 21 Others

Citation: Stephen Kipkosgei Samoei & 61 Others V William Chepkiyeng & 21 Others [2013] eKLR

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Jonathan Kazungu Ngowa V Republic [2013] eKLR

Case Number: Miscellaneous Criminal Application 14 of 2013 Date Delivered: 09 Jul 2013

Judge: Christine Wanjiku Meoli

Court: High Court at Malindi

Parties: Jonathan Kazungu Ngowa v Republic

Citation: Jonathan Kazungu Ngowa V Republic [2013] eKLR

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Peter Amare & Another V Republic [2013] eKLR

Case Number: Criminal Appeal 48 of 2008 Date Delivered: 09 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Peter Amare & Fred Mukhono Mwashi v Republic

Citation: Peter Amare & Another V Republic [2013] eKLR

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Peter Amare & Another V Republic [2013] eKLR

Case Number: Criminal Appeal 48 of 2008 Date Delivered: 09 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Peter Amare & Fred Mukhono Mwashi v Republic

Citation: Peter Amare & Another V Republic [2013] eKLR

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Peter Amare & Another V Republic [2013] eKLR

Case Number: Criminal Appeal 48 of 2008 Date Delivered: 09 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Peter Amare & Fred Mukhono Mwashi v Republic

Citation: Peter Amare & Another V Republic [2013] eKLR

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Peter Amare & Another V Republic [2013] eKLR

Case Number: Criminal Appeal 48 of 2008 Date Delivered: 09 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Peter Amare & Fred Mukhono Mwashi v Republic

Citation: Peter Amare & Another V Republic [2013] eKLR

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Peter Amare & Another V Republic [2013] eKLR

Case Number: Criminal Appeal 48 of 2008 Date Delivered: 09 Jul 2013

Judge: Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Peter Amare & Fred Mukhono Mwashi v Republic

Citation: Peter Amare & Another V Republic [2013] eKLR

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Majanja Luseno & Company Advocates V Anastacia Wagichiengo [2013] eKLR

Case Number: Misc Civil Application. 18 Of 2013 Date Delivered: 09 Jul 2013

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Majanja Luseno & Company Advocates v Anastacia Wagichiengo

Citation: Majanja Luseno & Company Advocates V Anastacia Wagichiengo [2013] eKLR

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Republic V District Commissioner Mbeere North District & 7 Others Ex-Parte Dangai Herbal Limited [2013] eKLR

Case Number: Misc.Application 76 of 2011 (JR) Date Delivered: 09 Jul 2013

Judge: Hedwig Imbosa Ong'udi

Court: High Court at Embu

Parties: Republic v District Commissioner Mbeere North District, District Commissioner Mbeere South District,District Commissioner Masinga District,District Commissioner Yatta District, District Commissioner Embu East District, District Commissioner Embu West District, District Commissioner Embu North District ,Commissioner of Police Ex-Parte Dangai Herbal Limited

Citation: Republic V District Commissioner Mbeere North District & 7 Others Ex-Parte Dangai Herbal Limited [2013] eKLR

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Njoroge Mugo T/A Chege Haraka Timber V Stephen Mungania Mugwika [2013] eKLR

Case Number: Elc Civil Suit. 40 Of 2012 Date Delivered: 09 Jul 2013

Judge: Pauline Nyamweya

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Njoroge Mugo T/A Chege Haraka Timber v Stephen Mungania Mugwika

Citation: Njoroge Mugo T/A Chege Haraka Timber V Stephen Mungania Mugwika [2013] eKLR

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Wavinya Ndeti V The Independent Electoral And Boundaries Commission (Iebc) & 4 Others [2013] eKLR

Case Number: Election Petition 4 Of 2013 Date Delivered: 09 Jul 2013

Judge: David Shikomera Majanja

Court: High Court at Machakos

Parties: Wavinya Ndeti v The Independent Electoral And Boundaries Commission (Iebc) ,Isaac Hassan (Returning Officer Of The National Tallying Centre) ,The Machakos County Returning Officer ,Alfred Nganga Mutua & Mutua Katiku

Citation: Wavinya Ndeti V The Independent Electoral And Boundaries Commission (Iebc) & 4 Others [2013] eKLR

Election Law-election petition-practice and procedure-stay of proceedings-application for stay of proceedings pending appeal against the ruling of the Election Court declining to order a scrutiny of votes Court of Appeal Rules.  Rule 74(4)

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Fatuma Zainabu Mohamed V Ghati Dennitah & 10 Others [2013] eKLR

Case Number: Election Petition 6 of 2013 Date Delivered: 09 Jul 2013

Judge: Edward Muthoga Muriithi

Court: High Court at Kisii

Parties: Fatuma Zainabu Mohamed v Ghati Dennitah,Independent Electoral And Boundaries Commission (IEBC),Benson Njau (Kuria East Returning Officer),Lilina Liluma (Returning Officer Awendo Constituency,Moses Omondo Daula (Returning Officer Nyatike Constituency),Jackton Nyonje (Returning Officer Oriri Constituency),Noah Bowen (Rongo Constituency),Alex Oyuga (Returning Officer Suna East Constituency),Martin Chengere (Returning Officer Suna West Constituency,Jairus Obago (Returning Officer Migori County) & Adam Mohamed (Returning Officer Kuria West Constituency)

Citation: Fatuma Zainabu Mohamed V Ghati Dennitah & 10 Others [2013] eKLR

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John Ayieta Ondiek V Communication Workers Union [2013] eKLR

Case Number: Cause 21 Of 2011 Date Delivered: 09 Jul 2013

Judge: James Rika

Court: Employment and labour Relation Court at Nairobi

Parties: John Ayieta Ondiek v Communication Workers Union

Citation: John Ayieta Ondiek V Communication Workers Union [2013] eKLR

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Ruth Wangui Kagunda (As Personal; Representative Of Keziah Wanjiru Gitau – The Deceased 1st Plaintiff) & 3 Others V Beatrice Muthoni Thumbi & Another [2013] eKLR

Case Number: ELC Suit 486 of 2007 Date Delivered: 09 Jul 2013

Judge: John Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Ruth Wangui Kagunda (as Personal; Representative of Keziah Wanjiru Gitau – the Deceased 1st Plaintiff),Cyrus Reuben Kagunda,Felix Muchoki Wambugu & Kevin Kariuki v Beatrice Muthoni Thumbi & Beatrice Wambui Kigondu (Sued as Administrators of Estate of Godon Kigono Reuben)

Citation: Ruth Wangui Kagunda (As Personal; Representative Of Keziah Wanjiru Gitau – The Deceased 1st Plaintiff) & 3 Others V Beatrice Muthoni Thumbi & Another [2013] eKLR

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