1. Upon perusal of the Plaintiff’s Applicant’s certificate of urgency, notice of motion, supporting affidavit of the Plaintiff dated 16.9.2024 and the enclosures therein I do note that the subject matter in this application is the use of land parcel No. Kisumu/Kanyakwar B/2734.
2. This court has no jurisdiction to handle the Plaintiff’s claim as the same falls within the purview of the Environment and Land Court by dint of article 162 (2) (b) and Section 13 (2) of the Environment and Land Court Act.
3. Given that jurisdiction is everything and I cannot cloth myself with jurisdiction I do hereby strike out the application dated 16.9.2024 for want of jurisdiction. (See Owners of M. V Lillian S. -vs- Caltex Oil Kenya Ltd (1989) eKLR.
Dated at Kisumu this 17th day of September 2024