Environment and Land Court Act

Section 1. Short title Section This Act may be cited as the Environment and Land Court Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar" means the person holding the office of Chief Registrar established under Article 161(2) of the Constitution; "Court" means the Environment and Land Court established under section 4 pursuant to Article 162(2)(b); "environment" shall have the meaning assigned to it under the Environmental Management and Co-ordination Act (Cap. 387); "Judge" means a person appointed in accordance with the provisions of Article 166(1)(b) of the Constitution; "land" has the same meaning assigned to it by Article 260 of the Constitution; "natural resources" has the same meaning assigned to it under Article 260 of the Constitution; "Register" means the register where all pleadings and supporting documents and all orders and decisions of the Court are kept; "Registrar" means the Registrar of the Environment and Land Court appointed under section 9 ; "rules" means the rules made under section 24 . [Act No. 12 of 2012 , Sch.]

Section 3. Overriding objective Section 3(1) The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act. Section 3(2) The Court shall, in the discharge of its functions under this Act give effect to the principal objective in subsection (1). Section 3(3) The parties and their duly authorised representatives, as the case may be, shall assist the Court to further the overriding objective and participate in the proceedings of the Court.

Section 4. Establishment of the Court Section 4(1) There is established the Environment and Land Court. Section 4(2) The Court shall be a superior court of record with the status of the High Court. Section 4(3) The Court shall have and exercise jurisdiction throughout Kenya. [Act No. 12 of 2012 , Sch.]

Section 5. Composition of the Court Section The Court shall consist of the Presiding Judge and such number of Judges as may be determined by the Judicial Service Commission from time to time. [Act No. 12 of 2012 , Sch.]

Section 6. Presiding Judge Section 6(1) The Presiding Judge shall be elected in accordance with Article 165(2) of the Constitution. Section 6(2) The Presiding Judge shall hold office for a non-renewable term of five years. Section 6(3) The Presiding Judge shall have supervisory powers over the Court and shall report to the Chief Justice. Section 6(4) In the absence of the Presiding Judge or in the event of a vacancy in the office of the Presiding Judge, the judges of the Court may elect any other Judge of the Court to exercise the functions of the Presiding Judge. [Act No. 12 of 2012 , Sch.]

Section 7. Qualifications of and appointment of Judges of the Court Section 7(1)(a) possesses the qualifications specified under Article 166(2) of the Constitution; and Section 7(1)(b) has at least ten years’ experience as a distinguished academic or legal practitioner with knowledge and experience in matters relating to environment or land. Section 7(2) Deleted by Act No. 12 of 2012, Sch. Section 7(3) The Chief Justice may, on the recommendation of the Judicial Service Commission, transfer a judge who meets the qualifications set out at sub-section (1) to serve in the court. [Act No. 12 of 2012 , Sch., Act No. 25 of 2015 , Sch.]

Section 8. Tenure of office of Judge of the Court Section retires from office in accordance with Article 167(1) of the Constitution;

Section 9. Registrar of the Court Section 9(1) There shall be a Registrar of the Court appointed by the Judicial Service Commission under section 20 of the Judicial Service Act (Cap. 8A). Section 9(2) Any administrative function of the Registrar may in the Registrar's absence, be performed by any member of staff of the Court authorized by the Judicial Service Commission. [Act No. 12 of 2012 , Sch.]

Section 10. Qualification for appointment of the Registrar of the Court Section become eligible for appointment as a Judge of the High Court;

Section 11. Functions of the Registrar of the Court Section 11(1)(a) the establishment and maintenance of the Registry of the Court; Section 11(1)(b) the acceptance, transmission, service and custody of documents in accordance with the Rules; Section 11(1)(c) facilitating the enforcement of decisions of the Court; Section 11(1)(d) certifying that any order, direction or decision is an order, direction or decision of the Court, the Chief justice or a Judge, as the case may be; Section 11(1)(e) the maintenance of the Register of the Court; Section 11(1)(f) causing to be kept records of the proceedings and minutes of the meetings of the Court and such other records as the Court may direct; Section 11(1)(g) managing and supervising the staff of the Court; Section 11(1)(h) the day to day administration of the Court; Section 11(1)(i) managing the library of the Court; Section 11(1)(j) facilitating access to judgments and records of the Court; Section 11(1)(k) undertaking any other duties assigned by Chief Registrar. Section 11(2) In relation to the proceedings before the Court, the Registrar may consider and dispose of procedural or administrative matters in accordance with the Rules or...

Section 12. Review of the Registrar’s decision Section 12(1) Any person aggrieved by a decision of the Registrar on matters relating to judicial functions of the Court may apply for review by a Judge of the Court in accordance with the Rules. Section 12(2) The Judge may confirm, modify or reverse the decision of the Registrar referred to in subsection (1).

Section 13. Jurisdiction of the Court Section 13(1) The Court shall have original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2)(b) of the Constitution and with the provisions of this Act or any other law applicable in Kenya relating to environment and land. Section 13(2)(a) relating to environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; Section 13(2)(b) relating to compulsory acquisition of land; Section 13(2)(c) relating to land administration and management; Section 13(2)(d) relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and Section 13(2)(e) any other dispute relating to environment and land. Section 13(3) Nothing in this Act shall preclude the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to a clean and healthy environment under Articles 42, 69 and 70 of the Constitution. Section 13(4) In addition to the mat...

Section 14. Enforcement of Court Orders Section A judgement, award, order or decree of the Court shall be enforceable in accordance with the Civil Procedure Act (Cap. 21). [Act No. 12 of 2012 , Sch.]

Section 15. The seal of the Court Section The seal of the Court shall be such device as may be determined by the Court and shall be kept in the custody of the Chief Registrar. [Act No. 12 of 2012 , Sch.]

Section 16. Appeals Section Appeals from the Court shall lie to the Court of Appeal against any judgement, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution.

Section 16A. Appeals from subordinate Section 16A(1) All appeals from subordinate courts and local tribunals shall be filed within a period of thirty days from the date of the decree or order appealed against in matters in respect of disputes falling within the jurisdiction set out in section 13(2) of the Environment and Land Court Act (Cap. 8D), provided that in computing time within which the appeal is to be instituted, there shall be excluded such time that the subordinate court or tribunal may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order. Section 16A(2) An appeal may be admitted out of time if the appellant satisfies the court that he had a good and sufficient cause for not filing the appeal in time. [Act No. 25 of 2015 , Sch.]

Section 17.[Deleted by ActNo. 12 of 2012, Sch.]

Section 18. Guiding principles Section the principle of public participation in the development of policies, plans and processes for the management of the environment and land;

Section 19. Procedure and powers of the Court Section 19(1) In any proceedings to which this Act applies, the Court shall act expeditiously, without undue regard to technicalities of procedure. Section 19(2) The Court shall be bound by the procedure laid down by the Civil Procedure Act (Cap. 21). Section 19(3) Deleted by ActNo. 12 of 2012, Sch. Section 19(4) Deleted by ActNo. 12 of 2012, Sch. [Act No. 12 of 2012 , Sch.]

Section 20. Alternative dispute resolution Section 20(1) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion, with the agreement of or at the request of the parties, any other appropriate means of alternative dispute resolution including conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution. Section 20(2) Where alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall stay proceedings until such condition is fulfilled.

Section 21. Quorum of the Court Section 21(1) The Court shall be properly constituted for the purposes of its proceedings under this Act by a single judge. Section 21(2)(a) under Article 165(3)(b) or (d) of the Constitution; or Section 21(2)(b) concerning impact on the environment and land,

Section 22. Representation before the Court Section A party to the proceedings may act in person or be represented by a duly authorised representative.

Section 23. Language of the Court Section 23(1) The language of the Court shall be English. Section 23(2) In all appropriate cases, the Court shall facilitate the use by parties of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities. Section 23(3) Where it is expedient and appropriate to do so, the Court may direct that proceedings be conducted and appearances be made through electronic means of communication, including tele-conferencing, video-conferences or other modes of electronic communication. [Act No. 12 of 2012 , Sch.]

Section 24. Rules Section 24(1) The Chief Justice shall make rules to regulate the practice and procedure of the Court. Section 24(2) The Chief Justice shall make rules to regulate the practice and procedure, in tribunals and subordinate courts, on matters relating to land and environment. Section 24(3) The Chief Justice shall in consultation with the Court make rules for the determination of admissibility by the Court of proceedings pending before any court or local tribunal. Section 24(4) Deleted by ActNo. 12 of 2012, Sch. [Act No. 12 of 2012 , Sch.]

Section 25.[Deleted by ActNo. 12 of 2012, Sch.]

Section 26. Sitting of the Court Section 26(1) The Court shall ensure reasonable and equitable access to its services in all Counties. Section 26(2) A sitting of the Court may be held at such places and at such times, as the Court may deem necessary for the expedient and proper discharge of its functions under this Act. Section 26(3) The Chief Justice may, by notice in the Gazette , appoint certain magistrates to preside over cases involving environment and land matters of any area of the country. Section 26(4)(a) disputes relating to offences defined in any Act of Parliament dealing with environment and land; and Section 26(4)(b) matters of civil nature involving occupation, title to land, provided that the value of the subject matter does not exceed the pecuniary jurisdiction as set out in the Magistrates' Courts Act. Section 26(5) Appeals on matters from the designated magistrate's courts shall lie with the Environment and Land Court. [Act No. 12 of 2012 , Sch., Act No. 25 of 2015 , Sch., Act No. 26 of 2015 , s. 25.]

Section 27. Regulations Section The Court may make regulations for the better carrying out of its functions under this Act.

Section 28.[Deleted by ActNo. 12 of 2012, Sch.]

Section 29. Offences Section Any person who refuses, fails or neglects to obey an order or direction of the Court given under this Act, commits an offence, and shall, on conviction, be liable to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding two years, or to both. [Act No. 12 of 2012 , Sch.]

Section 30. Transitional provisions Section 30(1) All proceedings relating to the environment or to the use and occupation and title to land pending before any Court or local tribunal of competent jurisdiction shall continue to be heard and determined by the same court until the Environment and Land Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar. Section 30(2) The Chief Justice may, after the Court is established, refer part-heard cases, where appropriate, to the Court.