Rafael Oundia Omoga v Edward Ajei Olao & Joel Olao Rubuti [2019] KEHC 8161 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA A

T KAKAMEGA

CIVIL CASE NO. 81 OF 1979

RAFAEL OUNDIA OMOGA.......... PLAINTIFF

VERSUS

EDWARD AJEI OLAO ........2ND DEFENDANT

JOEL OLAO RUBUTI.........3RD DEFENDANT

RULING

1. After perusing through the record, I have noted that the dispute herein turns on land issues.

2. The High Court no longer has jurisdiction over land matters by virtue of Article 162(2), as read with Article 165(5), of the Constitution.

3. That jurisdiction was vested in the Environment and Land Court.

4. I accordingly order that the file of papers herein be transferred to the said court for disposal.

DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF APRIL, 2019

W MUSYOKA

JUDGE