Highway Dynamics Ltd v Rumwe Farmers Co-op Society Ltd [2016] KEHC 5350 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL APPEAL CASE NO.455 OF 2009

HIGHWAY DYNAMICS LTD …………………………….APPELLANT

VERSUS

RUMWE FARMERS CO-OP SOCIETY LTD………….RESPONDENT

RULING

This appeal arises from the decision of Mochache D.(Mrs) Chairman of Business Premises Rent Tribunal at Nairobi delivered on 31st July 2009 in Tribunal Case  No. 486 of 2007 Nairobi.  On 18th June 2015, the appeal was dismissed by Honourable Olga Sewe J for want of prosecution on the court’s own motion.  The appellant now seeks to reinstate the dismissed appeal, by an application dated 13th January 2015 and filed on the same day.  The application for reinstatement of the dismissed appeal, regrettably, is coming at a time when the High court has been divested of any jurisdiction to hear and determine appeals emanating from the Business Premises Rent Tribunal.

On 15th December 2015, after this  appeal had been  dismissed  on 18th June  2015, Parliament enacted  the Statute  Law  Miscellaneous  Amendment  Act No. 25 of 2015 which came  into effect the same day of  15th December 2015.  The said  Act amended Section 15 and 16(2)  of the Landlord  and Tenant  (Shops, Hotels and Catering  Establishment ) Act  Cap  301  of Laws  of Kenya, which Sections  provided for appeals  from Business Premises  Rent Tribunal to lie  to the High Court, to the effect that such appeals  would now  lie to the Environment and Land Court.

With the Parliament having divested this court of any jurisdiction to hear and determine any appeals  from Business Premises  Rent Tribunal, and as application has come after such amendments  to Cap 301  had taken effect, I find  that I have no jurisdiction to hear and determine  this application for reinstatement of  the  appeal and direct that the  file be  placed before the  Environment and Land  Court which has  competent  jurisdiction to hear and determine the  matter before hand and the appeal  subject matter.  Accordingly, I down my tools and say no more thing.  The matter shall be mentioned on 17th May 2016 before Environment and Land Court Nairobi for further directions/orders as the court may deem fit to make.

Dated, signed and pronounced in open court at Nairobi this 14th day of April 2016.

R.E. ABURILI

JUDGE