John Simon Ndolo Muli v Matunge Peresiet Lila alias Matunke Ole Sapuko alias Matunke Oloe Sapuko Peny, Peter Nzuki Ndeti, Joseph Nzau Ndeti & Beatrice K. Ndolo [2019] KEELC 724 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MACHAKOS

ELC.  CASE NO. 158 OF 2018 (O.S)

JOHN SIMON NDOLO MULI.............................................................PLAINTIFF

VERSUS

MATUNGE PERESIET LILAaliasMATUNKE

OLE SAPUKOaliasMATUNKE OLOE SAPUKO PENY......1ST DEFENDANT

PETER NZUKI NDETI..............................................................2ND DEFENDANT

JOSEPH NZAU NDETI.............................................................3RD DEFENDANT

BEATRICE K. NDOLO..............................................................4TH DEFENDANT

RULING

1. In the Notice of Motion dated 13th February, 2019, the 1st Defendant has prayed for an order transferring this matter to the Environment and Land Court in Kajiado for hearing and determination.

2. The Application is premised on the grounds that the suit property is in Kajiado County; that there are other three matters involving the same subject matter and parties in the ELC, Kajiado and that the other three matters are ELC Case Nos. 168 of 2017, 186 of 2017, 4 of 2018 and 5 of 2018.

3. The 1st Defendant deponed that transferring the matter to Kajiado will avoid duplicity and the court issuing conflicting findings; that there is need to consolidate all the four matters and that transferring the matter will promote harmony and good jurisprudence.

4. The advocate for the Plaintiff and the Defendants filed submissions which I have considered. This is one of those Applications that should not have been argued by the parties in the first place. Indeed, it is these kind of Applications that take up the limited judicial time that should be utilized in handling serious disputes between parties.

5. It is obvious that the Environment and Land Court is one court, and depending on the locus quo of the suit land, the court can and should transfer the file to the station in whose area the land is situated.  That is the law and the practice.

6. Land Reference number 10029/31, the suit land, is indicated to be in Kitengela. Indeed, the said land is known as “Kitengela Farm”.Considering that Kitengela is in Kajiado County, this suit should be transferred to the Environment and Land Court, Kajiado. The issue of whether this matter should be consolidated with ELC. Nos. 168 of 2017, 186 of 2017, 4 of 2018 and 5 of 2018 will be considered by the trial court.

7. In the circumstances, I allow the Application dated 13th February, 2019.  This file is hereby transferred to the ELC, Kajiado for hearing and determination.

DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 15TH DAY OF NOVEMBER, 2019.

O.A. ANGOTE

JUDGE