In re Estate of Elizabeth Mara W/O Karongo-Deceased [2022] KEHC 13875 (KLR)

In re Estate of Elizabeth Mara W/O Karongo-Deceased (Succession Cause 3 of 2015) [2022] KEHC 13875 (KLR) (7 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13875 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause 3 of 2015

SN Riechi, J

October 7, 2022

Between

Mary Obiswa Korongo

Applicant

and

Jane Migarusha Karongo

1st Respondent

B.O.G Sango Secondary & Primary School

2nd Respondent

Ruling

1. Upon perusing this matter, the followoing facts emerge;The applicant and the first respondent are both administrators of the estate pursuant to orders of HK Chemitei J issued on May 28, 2020.

2. Land parcel Bungoma/naitiri/183 was to be registered in the joint names of the applicant and the 1st respondent.

3. The parties were advised to pursue legal redress relating to ownership of the suit land in the Environment and land Court.

4. Both the applicant and the 1st respondent as well as the second respondent are in occupation of the parcel.

5. By instruments of transfer executed on December 22, 1992, the subject parcel was transferred to the deceased.

6. By letter dated January 30, 2020, the National Land Commission directed the land registrar Bungoma to prepare title deed in favour of the 2nd respondent in the name of cabinet secretary to the treasury to hold in trust.

7. According to a certificate of official search dated January 31, 2022, the subject parcel of land is now registered in the name of principal secretary to the treasury as trustee for the 2nd respondent.

8. I have taken note of the position posited by the 2nd respondent that the issues herein relate to ownership of the suit parcel of land and therefore a preserve of the Environment and Land Court.

9. The jurisdiction of that court is provided for under article 162(2) of the Constitution and section 13 of the Environment and Land Court Act which are to the effect that the court shall have powers to hear matters relating to ownership of land. In this matter, the court rendered itself that the land be registered in the joint names of the applicant and the 2nd respondent. After the issue of the order, the land registrar was bound to comply with the order though the material on record shows that the order was not acted upon and or ignored by the land registrar.

10. In light of the above, I find and hold that this court having given orders in the manner afore stated, it is divested of jurisdiction to entertain the matter as this is ordinarily a preserve of the Environment and land court.

11. In the final result therefore, this court lacks jurisdiction to entertain the matter which is hereby transferred to the Environment and Land Court Bungoma for hearing and final determination.

DATED AT BUNGOMA THIS 7TH DAY OF OCTOBER, 2022S.N. RIECHIJUDGE