Gazette Notice No. 16268

Practice Directions on Proceedings relating to the Environment and the use and Occupation of, and Title to Land.

GAZETTE NOTICE NO. 16268
THE CONSTITUTION OF KENYA
THE ENVIRONMENT AND LAND COURT ACT
(No. 19 of 2011)
TRANSITIONAL PROVISIONS

IN EXERCISE of the powers conferred by the Sixth Schedule Part 5 Section 22 and Article 161(2) (a) of the Constitution of Kenya 2010, and in pursuance of section 30 (1) and (2) of the Environment and Land Court Act (No. 19 of 2011) of the laws of Kenya as read with section 31 of the Act and section 5 (1) and 2 (c) of the Judicial Service Act (No. 1 of 2011) the Chief Justice makes the following practice directions following the establishment of the Environment and Land Court.
1. All proceedings relating to the Environment and the use and occupation of, and title to land pending before the Court of Appeal shall continue to be heard and determined by the same court.
2. All pending judgments and rulings relating to the Environment and the use and occupation of, and title to land pending before the High court shall be delivered by the same court.
3. All part heard cases relating to the environment and the use and occupation of, and title to land pending before the High Court shall continue to be heard and determined by the same court.
4. All cases relating to environment and the use and occupation of, and title to land which have hitherto been filed at the High Court and where hearing in relation thereto are yet to commence shall be transferred to the Environment and Land Court as directed by the Chief Registrar.
5. All cases under the Law of Succession Act, Cap. 160 laws of Kenya, shall continue to be filed and heard by the High Court or the Magistrates Courts of competent jurisdiction.
6. All proceedings which were pending before the Magistrates Court, having been transferred thereto from the now defunct District Land Disputes Tribunals, shall continue to heard and determined by the same courts.
7. Magistrates Courts? shall continue to hear and determine all cases relating to the environment and the use and occupation of, and title to land (whether pending or new) in which the courts have the requisite pecuniary jurisdiction.
8. All cases under the Landlord and Tenants (Shops, Hotels & Catering Establishments) Act Cap. 301 laws of Kenya shall continue to be filed in and determined by the Business Premises Tribunal.
9. All cases under the Rent Restriction Act, Cap. 296 laws of Kenya, shall continue to be filed in and determined by the Rent Tribunal.
10. All disputes under the Valuation of Rating Act, Cap. 266 laws of Kenya, shall continue to be filed in and determined by the Resident Magistrates Courts of competent jurisdiction.
11. Appeals from the Magistrates Courts and Tribunals in the foregoing paragraphs 5 to 10 shall lie in the Environment and Land Court pursuant to section 13 (4) of the Environment and Land Court Act.
12. All new cases relating to the environment and the use and occupation of, and title to land not falling under paragraph 7 above shall be filed in the nearest Environment and Land Court for hearing and determination by the said court.


These practice directions supersede the directions dated 20th September, 2012 and published on 28th September, 2012 vide Gazette Notice No. 13573.


Dated the 9th November, 2012.


WILLY MUTUNGA,
Chief Justice/President Supreme Court of Kenya