Upon perusal of the notice of motion dated 23/10/2024, the affidavit in support thereof and the enclosures thereto, I note that the subject matter of this application is alnd and the said land is situated within Kisii County.
This court has no geographical nor subject matter jurisdiction to deal with this application as the same falls within the perview of the Environment and Land Court pursuant to the provisions of article 162 (2) (b) and section 13 of the Environment and Land Court Act.
Jurisdiction is everything and in the absence of it, a court must down its tools. This court cannot cloth itself with jurisdiction that is not donated to it either statute or the constitution of Kenya 2010. (See owners of Motor Vessel Lilian s. Vs Caltex Oil Kenya Ltd (1989)) KLR)
Premised upon the foregoing reasons, this application is struck out with no orders as to costs.
This file is marked as closed.
Dated at Kisumu this 24th day of October 2024.