Siparo v Bengi [2024] KEELC 1760 (KLR)

Siparo v Bengi (Environment & Land Case E013 of 2023) [2024] KEELC 1760 (KLR) (11 April 2024) (Ruling)

Neutral citation: [2024] KEELC 1760 (KLR)

Republic of Kenya

In the Environment and Land Court at Narok

Environment & Land Case E013 of 2023

CG Mbogo, J

April 11, 2024

Between

Robert Ole Siparo

Plaintiff

and

Eric Gitonga Bengi

Defendant

Ruling

1. When I retired to write the ruling in respect of the Notice of Motion dated 22nd November, 2023 filed by the plaintiff /applicant, and having perused the pleadings in this file, I realized that this is a matter that falls within the jurisdiction of the magistrate’s court.

2. The matter is still at its infancy stage and in the circumstances and in order to save on judicial time, it is necessary that the matter is heard before the court seized of the proper jurisdiction. As such, this court declines to pronounce itself on the instant application.

3. Arising from the above, this file is hereby transferred to the magistrates’ court for hearing and determination on a priority basis.Orders accordingly.

DATED, SIGNED & DELIVERED VIA EMAIL THIS 11TH DAY OF APRIL, 2024. HON. MBOGO C.G.JUDGE11/04/2024. In the presence of;Mr. Meyoki Pere – C. A