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|Case Number:||Environment and Land Miscellaneous Application 18 of 2021|
|Parties:||John Wekesa Khaoya (Chief Executive Officer, Centre for Human Rights Organization) v Wycliffe Wafula Wangamati (Governor Bungoma County)|
|Date Delivered:||15 Dec 2021|
|Court:||Environment and Land Court at Bungoma|
|Judge(s):||Boaz Nathan Olao|
|Citation:||John Wekesa Khaoya (Chief Executive Officer, Centre for Human Rights Organization) v Wycliffe Wafula Wangamati  eKLR|
|Court Division:||Environment and Land|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA
ELC MISCELLANEOUS APPLICATION NO. 18 OF 2021
JOHN WEKESA KHAOYA (CHIEF EXECUTIVE OFFICER
CENTRE FOR HUMAN RIGHTS ORGANIZATION)..........APPLICANT
HIS EXCELLENCY WYCLIFFE WAFULA WANGAMATI
(THE GOVERNOR BUNGOMA COUNTY)....................1ST DEFENDANT
15th December 2021
Coram: Hon. Boaz N. Olao JUDGE
Court Assistant: Lusweti
O R D E R
I have perused the Notice of Motion dated 3rd December 2021 and filed on 8th December 2021 under Certificate of Urgency.
My understanding of the supporting affidavit is that what the Applicant will be seeking in his substantive application will essentially be an order directed at the Governor Bungoma County to make available for public scrutiny “the report handed in by the Land Inventory team to the Community of Bungoma County to protect the Provisions of Article 3(1) of the Constitution of Kenya 2010.” This is as per paragraph 7 of the Applicant’s supporting affidavit.
That cannot be a matter falling under the jurisdiction of this Court as provided under Section 13 of the Environment and Land Court Act. It is a dispute over whether or not the Governor should be made to avail a report. Although the word “land” is referred to in the affidavit, this is not really one of those “disputes relating to environment and land” which this Court is mandated to determine by Section 13 of the said Act.
However, rather than striking the application out, I direct that it be transferred to the High and be placed before KEMEI J for further directions.
BOAZ N. OLAO.
J U D G E
15th December 2021.