Rift Valley Enterprise Limited has come to this court against Pauline Nekesa Koda and Joseph Kipangas seeking orders that the determination and recommendation of the National Land Commission reference No.N.L.C/HLI/656/2020 between Rift Valley Enterprises Ltd -Vrs- Pauline Nekesa Koda and Joseph Kipangas and delivered on the 19th December 2023 be adopted as the judgment of this court and a decree be issued in terms of the award. The 1st and 2nd respondents filed a Notice of preliminary objection stating that there is no legal provision requiring or mandating the adoption of a determination by the National Land Commission as a judgment of the Environment and Land Court and none has been cited by the applicant.
I have considered the rival submissions and do find that this court’s jurisdiction is derived from Article 162 (2) b of the constitution that provides that:-
(2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to— (a) employment and labour relations; and (b) the environment and the use and occupation of, and title to, land.
Article 162 (2) b has to be read with section 13 of the Environment AND Land Act. There is no legal provisions for adoption of the determination of the National Land Commission by this court. This court cannot cloth itself with non-existent jurisdiction as jurisdiction is derived from an Act of Parliament. The applicant has not cited any Act of parliament that gives such jurisdiction. The preliminary objection is upheld and the application is struck out with costs.
Ruling dated signed and delivered electronically at Nakuru this 26th day of September 2024.
I have considered the rival submissions and do find that this court’s jurisdiction is derived from Article 162 (2) b of the constitution that provides that:-
(2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to— (a) employment and labour relations; and (b) the environment and the use and occupation of, and title to, land.
Article 162 (2) b has to be read with section 13 of the Environment AND Land Act. There is no legal provisions for adoption of the determination of the National Land Commission by this court. This court cannot cloth itself with non-existent jurisdiction as jurisdiction is derived from an Act of Parliament. The applicant has not cited any Act of parliament that gives such jurisdiction. The preliminary objection is upheld and the application is struck out with costs.
Ruling dated signed and delivered electronically at Nakuru this 26th day of September 2024.