The application by way of chamber summons dated 18/02/2025 seeks leave to file Judicial Review Orders of Mandamus to compel the Respondents City County Government of Nairobi to settle Decree and Certificate of Order against the Government in ELC NRB Case No. 16/2003.
The application is exparte. However, Section 13(7) of the ELC Act provides for orders that the ELC can issue/make including prerogative orders. Mandamus is one of those prerogative orders. Further, Decree or orders of that court are enforceable by the said ELC under Section 14 of ELC Act pursuant to section 14 of the Environment and Land Court Act, and under the Civil Procedure Rules. Therefore, as the Decree of ELC is not transferrable to this court for enforcement, I decline jurisdiction and direct that the chamber summons be and is hereby transferred to ELC for consideration on its merit and all other future proceedings in the matter shall be concluded in that court, now that the matter is only at the leave stage.
This file is closed from the High Court JR Division. Ruling to be typed and uploaded. I so order.
The application is exparte. However, Section 13(7) of the ELC Act provides for orders that the ELC can issue/make including prerogative orders. Mandamus is one of those prerogative orders. Further, Decree or orders of that court are enforceable by the said ELC under Section 14 of ELC Act pursuant to section 14 of the Environment and Land Court Act, and under the Civil Procedure Rules. Therefore, as the Decree of ELC is not transferrable to this court for enforcement, I decline jurisdiction and direct that the chamber summons be and is hereby transferred to ELC for consideration on its merit and all other future proceedings in the matter shall be concluded in that court, now that the matter is only at the leave stage.
This file is closed from the High Court JR Division. Ruling to be typed and uploaded. I so order.