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Title:
E M Gaturu and others v Attorney General and others
Party:
Kenya
Region:
Africa
Type of document:
National - higher court
Date of text:
July 19, 2013
Data source:
InforMEA
Court name:
High Court
Seat of court:
Nairobi
Justice(s):
J. I. LENAOLA
Reference number:
Petition No.72 of 2013
ECOLEX subject(s):
Legal questions
Environment gen.
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.