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JudgmentMARY WANJIRU MUTHUI VS Valley Auctioneers AND STANDARD CHARTERED BANK KENYA LIMITED AND 1 Others1 min read

MARY WANJIRU MUTHUI VS Valley Auctioneers AND STANDARD CHARTERED BANK KENYA LIMITED AND 1 Others

High Court at Milimani High Court · · Visram Aleem Alnashir

Ruling on Jurisdiction:

1. The matter was transferred from the ELC to the High Court. This court directed the parties to file submissions on the issue of jurisdiction of the High Court.

2. Counsel for the applicant did not appear, and failed to file submissions as directed by this court.

3. Counsel for the respondent submitted that this court has no jurisdiction to hear matters transferred from the specialized courts.

4. Counsel relied on Republic v Karisa Chengo SCP No. 5 of 2015 to the effect of the constitutional make up and structure of our courts prevents the High Court from dealing with matters emanating and transferred to it from the ELC.

5. Having considered the above, I am persuaded that there can be no transfer of a suit where a court has declared that it has no jurisdiction to deal with a matter, to still transfer the same matter from a specialized court to the High Court, or vice versa.

6. This court may not, in the circumstances described above, proceed to deal with the matters emanating from such transfer. The file is marked as closed.

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