1. I have perused the application dated 3/10/2024, the grounds, supporting affidavit and the annextures thereto, as filed under certificate of urgency. I find no urgency involved. I decline to certify it as urgent on the substantive interim orders of injunction sought, I observe that the applicant in its pleadings claims ownership of Land Parcel No. Kisumu/Nyalunya/4597 which it developed and that the Respondent is threatening and actualizing threats to evict the Applicant from therein.
2. No doubt, matters of ownership, occupation and or trespass to land are matters or disputes which exclusively fall within the jurisdiction of the Environment and Land Court as stipulated in Article 162(2)(b) as read with Article 165 (5) (b) of the Constitution. The latter Article expressly ousts the jurisdiction of the High Court from hearing and determining disputes which fall in the jurisdiction of the specialized courts established under Article 162 of the Constitution and the Supreme Court.
3. That being the case, and as jurisdiction cannot be arrogated but conferred by Law and the Constitution, and as without jurisdiction, the court would be acting in vain, I hereby down this court\'s tools and decline jurisdiction and direct the Plaintiff/Applicant to approach the court with jurisdiction for redress.
4. Accordingly, I strike out the suit herein together with the application dated 3/10/2024 for want of jurisdiction with no orders as to costs.
5. This file is closed. I so order.