Kinyua Gathuita T/A Makon Freight Agencies v Gichugu Housing Co-op Society Ltd [2016] KEHC 5379 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL APPEAL CASE NO.69 OF 2012

KINYUA GATHUITA T/A MAKON FREIGHT AGENCIES......................APPELLANT

VERSUS

GICHUGU HOUSING CO-OP SOCIETY LTD......................................RESPONDENT

RULING ON DIRECTIONS

This appeal filed in 2012  arises  from the decision of the Chairman of Business Rent Tribunal made on  3rd June 2011in  Business Premises Rent Tribunal case No. 885,980 and 977 of  2009 consolidated by D. Mochache (Mrs) Chairperson .

The appeal  was admitted  to hearing on 15th May 2014  and on 29th September  2014  directions  were given as to  the hearing  of the appeal with  the presiding  judge directing  that the appeal  would be  heard  before a two judge  bench.

The party’s advocates agreed to file written submissions to dispose of the appeal which submissions were dutifully filed.  The matter was pending highlighting of the submissions but the same could not proceed on 24th June 2015 as the two judge bench judges were engaged in other hearings fixed prior.  Honourable Mabeya J was then transferred and so far no other judge has been assigned to join me to constitute a two judge bench.  The matter   was then directed to be placed before me on 30th November 2015   by Honourable Mbogholi J the Presiding Judge but nothing seems to have transpired on that date.

As time went by, several changes in the applicable law have taken place. On 15th December  2015, Parliament enacted  the Statute Law Miscellaneous  Amendment Act No. 25 of 2015 and by an amendment  to Section  15 and  16(2)  of the Landlord  and Tenants (Shops, Hotels and  Catering  Establishment  Act ( Cap 301)  of the Laws of Kenya and   Sections 4(a) and 8(2)  of the Rent  Restriction Act Cap 296  of Laws of Kenya, the jurisdiction of the High Court to hear and determine  appeals  emanating  from  Business Premises Rent Tribunal  was divested  and vested/conferred  in the court of equal status, the Environment and Land Court.  That being the case, this court, with effect from 15th December 2015 is bereft of   any jurisdiction to hear and determine this appeal on its merits.  And as jurisdiction is everything, without which a court of law acts in vain.  Accordingly, I have  no option  but to down my tools  and direct that   this file be  and is hereby placed   before  Environment and Land Court  for further directions/orders as to its  disposal. Mention on 26th April, 2016 before the Environment and Land Court, Nairobi.

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

R.E. ABURILI

JUDGE