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JudgmentHARRISON OMOLO OPIYO VS CHAIRMAN RACHUONYO LAND DISPITE TRIBUNAL AND THE SENIOR RESIDENT MAGISTRATES COURT OYUGIS AND 1 Others1 min read

HARRISON OMOLO OPIYO VS CHAIRMAN RACHUONYO LAND DISPITE TRIBUNAL AND THE SENIOR RESIDENT MAGISTRATES COURT OYUGIS AND 1 Others

High Court at Kisii High Court · · Odera Teresa Achieng

  1. Application dated 9.1.24 is carefully considered.
  2. I note that the application is related to implementation  of orders emanating from Rachuonyo land disputes tribunal which were adopted by the Oyugis Magistrates Court which falls within the Jurisdiction of Homabay Land and Environment Court . 
  3. The subject matter is land situated in Kabondo  within Homabay County 
  4. At the time of filing of the judicial review proceedings herein  in the year 2009 , the county Courts were yet to be established .
  5. The  Land and Environment Court  has since been established in Homabay County.
  6. This court lacks jurisdiction to hear and determine environment cases by dint of Article `165 5(b)  of the Constitution .
  7. I now transfer this court to Homabay Land and Environment Court for hearing and determination in the interest of Justice  .  Mention on 16.4.24 before ELC Judge in Homabay.

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