Kanja & 5 others v M’Kanake [2023] KEHC 23389 (KLR)

Kanja & 5 others v M’Kanake (Miscellaneous Civil Application E096 of 2023) [2023] KEHC 23389 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23389 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Civil Application E096 of 2023

TW Cherere, J

October 5, 2023

Between

Regina Kanja & 5 others

Applicant

and

Joyce Ncororo M’Kanake

Respondent

Ruling

1. This matter arises out of Maua CMCC No 184 of 2014 wherein the Respondent’s claim was for:1. Eviction order of Applicants from LR No Kiengu/Kanjoo/27852. A permanent injunction restraining the Applicants from interfering with Respondent’s from entering or in any way interfering with Respondent’s use and occupation of LR No Kiengu/Kanjoo/2785

2. By a judgment dated April 20, 2023, the court found the Respondent’s claim proved and directed that Applicants move from LR No Kiengu/Kanjoo/2785 within 60 days failure to which they would be removed forcefully.

3. By application dated August 30, 2023, Applicants seek leave to appeal the ruling out of time and for stay of the judgment pending the hearing and determination of the intended appeal

4. Respondent opposed the application on the grounds among others that this court has no jurisdiction to entertain this matter.

5. The jurisdiction to hear and determine disputes relating to the environment, use and occupation of and title to land is vested on the Environment and Land Court by Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act and on the Magistrates Court by Section 9 of the Magistrates Courts Act.

6. By placing a dispute relating to occupation and use of land before this court, Applicants are asking the court to engage in matters that are beyond its jurisdiction. I echo Nyarangi JA in the case of TheOwners of the Motor Vessel Lilian 'S' v Caltex Kenya Limited(1989) KLR 1 that“………. jurisdiction is everything without it; a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction”.

7. In the end, this matter is transferred to the Meru Environment and Land Court for directions and/or further orders.

DATED IN MERU THIS 05 TH DAY OF OCTOBER 2023. WAMAE. T.W. CHEREREJUDGEAppearancesCourt Assistants -  Kinoti/MuneneFor Applicants - Mr. Mageria for Kiautha Arithi & Co AdvocatesFor Respondent - Mr. Gikonyo for Gikonyo & Ngugi Advocates