Odhiambo v Ndiri (Deceased) & 2 others; Owala (Intended Interested Party) [2023] KEHC 23313 (KLR)

Odhiambo v Ndiri (Deceased) & 2 others; Owala (Intended Interested Party) (Civil Case 197 of 1992) [2023] KEHC 23313 (KLR) (4 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23313 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Case 197 of 1992

RE Aburili, J

October 4, 2023

Between

George Odhiambo

Plaintiff

and

Charles Ndiri (Deceased)

1st Respondent

Rose Onyango Owala

2nd Respondent

George Omondi Owala

3rd Respondent

and

Robert Owala

Intended Interested Party

Ruling

1. This suit was initiated in this court in 1992 before the 2010 Constitution was promulgated and before the Environment and Land Court was established.

2. It follows that after 2010, this court was handling the case in the transitional period which period is over. The matter was determined up to the Court of Appeal level and therefore any pending issue should be determined by the Environment and Land Court.

3. As the land subject of the dispute and eviction process is East Gem/Nyamninia/736 situate within the jurisdiction of Siaya Environment and Land Court, I hereby transfer this matter to Siaya Environment and Land Court for further consideration of any pending issues.

4. This file is to be transmitted to Siaya ELC forthwith upon this ruling being typed and a skeleton file opened to hold the Ruling.

5. Mention before Siaya Environment and Land Court on October 31, 2023 for directions.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE