1. In a Judgement delivered by this court on 15th November 2023 in Iten ELCA No. E025 of 2022, this court found the plaintiff’s/appellant’s appeal merited and set aside the order made on 16th November 2022 dismissing the 1st defendant/appellant’s application dated 5th September 2022. As a result, all the orders, proceedings and actions made by the lower court on 16th November, 2022 were set aside. The court also directed that the suit be heard by a different Magistrate other than Hon. C Kutwa, SPM.
2. The 1st respondent/applicant filed an application dated 29th April 2024 seeking orders that Iten MELC No. 28 of 2020, Joyce Kipkorir Yator (suing as the legal representative and Adminstratrix of the estate of John Kipkorir Yator) deceased V The County Government of Elgeyo Marakwet & 2 Others, pending before the Senior Principal Magistrate’s Court at Iten and all proceedings pending therein, be transferred to Eldoret Chief Magistrate’s court and/or Kabarnet Senior Principle Magistrate’s court for trial and final disposal. In the alternative, the matter be heard by Hon. C. Kutwa, the in-charge/Presiding Magistrate at Iten Law Courts. He also prayed for costs.
3. The application is premised on the grounds on its face and supported by affidavits of Stanley N. Kagunza Advocate sworn on 29th April, 2024 and 3rd June, 2024 respectively. He deposes that following the outcome of the Judgment, the matter was allocated to Hon. V. Karanja, Principle Magistrate Iten Law courts; that Hon. V. Karanja being a Principle Magistrate, has monetary jurisdiction to deal with matters valued at Kshs. 10,000,000 and below whereas the suit property is valued at Kshs. 12,000,000/- as evidenced in the valuation report marked SNK-I. He urges the court to allow Hon. C Kutwa, a Senior Principle Magistrate at lten Law Courts with monetary jurisdiction of up to 15,000,000/- to hear and determine the matter.
4. The application is opposed vide the replying affidavit of Joyce Kiplimo sworn on 25th May, 2024. She deposes that the suit property is not valued at Kshs. 12,000,000/- as demonstrated by the valuation report dated 17th April 2024; that National Land Commission had also instructed M/s Highland Valuers Limited to conduct a different valuation and filed a rival report valuing the suit property at Kshs. 7,000,000/- as evidenced in the valuation report marked JK1. She urges the court to direct a Government surveyor to prepare and file a valuation report if in doubt.
5. As stated in paragraph 1 of this ruling, one of the orders issued by this court was that the suit be heard by a different Magistrate other than Hon. C Kutwa SPM. The order was complied with and the file was assigned to Hon. V Karanja for hearing and determination.
6. What is being challenged in this application is the pecuniary jurisdiction of that Court. As fate would have it, a different Senior Principle Magistrate has been deployed to Iten Law Courts in place of Hon. C Kutwa as head of Station. With this new development, I find no good reason to transfer the file to another station for hearing and determination.
7. Consequently, I direct the matter be heard and determined by Hon. Gladys Adhiambo, Senior Principle Magistrate Iten Law Courts and that the file be placed before Court 1 on 10th September 2024 for directions.
8. Costs of the application to abide the outcome of the suit.
9. Orders accordingly.
Dated, signed and delivered at Iten this 24th day of July, 2024.
Ruling read electronically in the presence of;-
Mr. Kagunza for the applicant
Miss Kimeli holding brief for Mr. Tororei for the respondent
Court Asst.: Alex