draft environment and land court bill
TRANSCRIPT
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ENVIRONMENT AND LAND COURT BILL, 2011
ARRANGEMENT OF CLAUSES
Clause
PART I – PRELIMINARY
1—Short Title and commencement
2—Interpretation
3—Objects of the Act
PART II – ADMINISTRATION OF THE ENVIRONMENT AND LAND COURT
4—Constitution of the Court
5—Single judge to constitute Court
6—Composition of the Court
7—Appointment and qualifications of judges
8—Remuneration
9—Principal Judge
10—Acting Principal Judge
11—Acting Judges
12—Superior Court Judges May Act as Environment and Land Court Judges
13—Appointment of commissioners
14—Full or part-time commissioners
15—Remuneration and allowances
16—Oath of office
17—Disqualification of commissioners
18—Appointment of special advisers
19—Remuneration and allowances
20—Registrar and other officers of the Court
21—Legal immunity
22—Annual report of the Registrar
PART III – JURISDICTION OF THE ENVIRONMENT AND LAND COURT
23—General jurisdiction
24—Environmental Petitions (Constitutional)
25—Disputes over bona fide ownership of land that was formerly public or trust land
26—Jurisdiction previously exercised by High Court assumed by Environment and Land Court
27—Administrative and quasi-administrative proceedings subject to review by Environment and Land Court
28—Appellate jurisdiction over proceedings in Magistrates Courts
29—Disputes over irregular allocation of trust and community land
30—Jurisdiction previously exercised by High Court assumed by Environment and Land Court
31—Administrative and quasi-administrative proceedings subject to review by Environment and Land Court
32—Appellate jurisdiction over proceedings in Magistrates Courts
33—Environmental Planning and Protection (Appeals)
34—Criminal offenses
35—Environmental Planning and Protection (Summary enforcement)
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36—Title, Tenure, Rates and Valuation Appeals
37—County government (Housing, Development, Planning) Decisions
38—Land Use
39—Mining and natural resources
40—Making of orders
41—Claims for compensation
PART IV – SITTING OF THE ENVIRONMENT AND LAND COURT
42—Sittings of the court
43—Main seat in Nairobi
44—Colocation of seats outside Nairobi with other superior courts
45—Quorum of court
PART V – PROCEDURES AND POWERSOF THE ENVIRONMENT AND LAND COURT
46—Pre-trial conferences
47—Alternative dispute resolution
48—Use of video-conferencing, telephone conferencing or other means of communications
49—Court procedure
50—Hearing matters together
51—Local hearings
52—Hearing of proceedings
53—Representation at proceedings
54—Personal appearance or appearance by representative
55—Evidence
56—Evidence of documents
57—Hearings and evidence generally to be public
58—Powers of environment judge 59—Powers of a registrar sitting without a judge
60—Waivers and directions
61—Court may waive, reduce, or postpone payment of fee
62—Review of exercise of power by registrar
63—Power to commit for contempt
64—Non-attendance or refusal to cooperate
65—Awarding costs
66—Enforcing orders for costs
67—Determination of matter finally and completely
68—Review of decision by court
69—Decisions of court to be in writing
70—Documents judicially noticed
71—Power of inquiry
PART VI – APPEALS
72—Appeals from subordinate courts, committees, boards or tribunals
73—Appeals to court of appeal
PART VII – FINANCIAL PROVISIONS
74—Funds of Environment and Land Court
75—Fines and fees to be paid into the Judicial Fund
PART VIII - GENERAL
76—Issue of process
77—Amendments and irregularities
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78—Transfer of proceedings from High Court
79—Proceedings after transfer
80—Referral of matters to High Court
81—Proceedings after transfer
82—Establishment of Rules Committee
83—Court may dispense with rules in particular cases
84—Practice Notes
85—Court may give directions in circumstances not covered by rules
PART IX – SAVINGS, TRANSITIONS AND OTHER PROVISIONS
86—Matters pending before High Court when Act comes into effect
87—Bar to further suits
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ENVIRONMENT AND LAND COURT BILL 2011
A Bill for
AN ACT to establish a superior court to hear
and determine disputes relating to the
environment and the use and occupation of,
and title to, land (hereinafter the Environment
and Land Court), pursuant to Article 162(2) of
the Constitution and to make provision with
respect to its functions, jurisdiction and
operation.
ENACTED by the Parliament of Kenya as
follows—
PART I — PRELIMINARY
Short Title and
commencement
1. (1) This Act may be cited as the
Environment and Land Court Act 2011.
(2) This Act shall be deemed to have come
into force on the * day of * 2011.
(3) Except as specifically stated in this Act, on
commencement, this Act shall supersede all
laws and regulations that are inconsistent
with this Act apart from the Constitution.
Interpretation 2. In this Act unless the context otherwise
requires--
―Commissioner‖ means a commissioner
appointed under this Act.
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―County executive‖ means the county
executive committee, county administration,
departments, or any other county executive
organ.
―Court‖ means the Environment and Land
Court established by section 4 of this Act.
―Environment Judge‖ means a judge of the
Environment and Land Court.
―Environment‖ means the physical factors of
the surroundings of human beings including
land, water, atmosphere, climate, sound,
odour, taste, biological factors of animals
and plants and the social factor of aesthetics
and includes both the natural and built
environment.
―Land‖ includes the surface of the earth and
the subsurface rock; any body of water on or
under the surface; marine waters in the
territorial sea and exclusive economic zone;
natural resources completely contained on
or under the surface; and the airspace
above the surface.
―Natural resources‖ means the physical non-
human factors and components, whether
renewable or non-renewable, including
sunlight, surface and groundwater, forests,
biodiversity and genetic resources, and
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rocks, minerals, fossil fuels and other sources
of energy.
―Principal judge‖ means chief judge of the
Environment and Land Court and has the
same meaning as provided in the Judicial
Service Commission Act, 2011.
Objects of the
Act
3. The object of this Act is to make further
provision with respect to the operation of the
Court as a court of exclusive judicial authority
to, among other things, hear and determine
disputes relating to the environment and the
use and occupation of, and title to, land.
PART II — ESTABLISHMENT AND
ADMINISTRATION OF THE COURT
Constitution of the Court 4. (1) There is hereby established a superior
court of record known as the Environment
and Land Court.
(2) There shall be a seal of the Court and any
document required by or any under this or
any other Act of law to be sealed or
stamped with the seal of the Court shall be
so sealed or stamped.
Single judge to constitute
Court.
5. All proceedings in the Court, and all
Comment [EKG1]: To be enhanced
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business arising out of any such proceedings,
shall, subject to this Act, be heard and
disposed of before a single judge, who shall
constitute the Court.
Composition of the Court 6. The Environment and Land Court shall
consist of—
(a) … Judges appointed in accordance with
section 7 of this Act
(b) …. Environment Commissioners appointed in
accordance with section 14 of this Act.
Appointment and
qualifications of judges
7. (1) The President shall appoint Environment
Judges upon recommendation of the
Judicial Service Commission.
(2) A person shall not be appointed to hold
office as a judge of the Court unless he or
she is, or is eligible to be, a judge of the high
court.1
(3) A person is qualified for appointment as a
judge if the person is under 70 years of age
and has—
(a) worked as a high court judge or
professionally qualified magistrate with expertise
in land and environment matters, or
(b) at least 10 years’ experience as a
distinguished academic or legal practitioner or
such experience in another relevant legal field, or
1Art. 166(2) Constitution
Comment [EKG2]: Numbers to be provided
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(c) held the qualifications specified in paragraphs
(a) and (b) for a period amounting, in the
aggregate, to 10 years.
Remuneration 8. (1) Each judge shall have the same rank,
title, status and precedence, and, except as
provided by subsection (2), shall enjoy
commensurate remuneration, entitlements,
privileges and other rights as a judge of the
High Court.
(2) The Principal Judge of the Environment
and Land Court shall enjoy similar
remuneration as the Principal Judge of the
High Court.
(3) The judges of the court shall take
precedence among themselves in
accordance with the practice of the
judiciary. ( date of oath of
office/seniority)
Principal Judge 9. (1) There shall be a Principal Judge of the
Environment and Land Court, who shall be
elected by the judges of the Environment
and Land Court from among themselves.
(2) Without prejudice to 9(1), the Judicial
Service Commission shall appoint in all cases
where there is no elected principal judge.
(3) The Principal Judge shall be responsible
for the orderly and expeditious discharge of
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the business of the court.
(4) Subject to the provisions of this or any
other Act and to such consultation with the
Judges of the Environment and Land Court
as is appropriate and practicable, the
Principal Judge shall make arrangements as
to the Judge or Judges and member or
members who is or are to exercise the court’s
jurisdiction in particular matters or classes of
matters and in particular places and areas.
(5) The Chief Justice may in consultation with
the Principal Judge establish or re-establish
divisions of Court with such number of
Judge(s) as may be deemed necessary in
the effective management of the Court.
Acting Principal Judge 10. (1) This section applies if—
(a) the Principal Judge is unable to exercise the
duties of office because of illness or absence from
Kenya, or any other reason; or
(b) the office of Principal Judge is vacant.
(2) The Judicial Service Commission shall
appoint a judge to be Acting Principal
Judge until the Principal Judge resumes
office or a successor is appointed.
(3) While acting in the place of the Principal
Judge, the acting Principal Judge—
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(a) shall perform the functions and duties of the
Principal Judge;
(b) may for that purpose exercise all the powers
of the Principal Judge.
(4) While the Principal Judge is absent from
Kenya and an Acting Principal Judge has not
been appointed under subsection (2), the
senior judge of the Court present in Kenya is
taken to be the acting Principal Judge.
(5) For purposes of subsection (4) only—
(a) Judges shall have seniority between
themselves according to the date of their
commissioning as of Judges under this Act.
(b) If judges were commissioned on the same
date, seniority will be determined on the basis of
the order in which the Judges were sworn.
Acting Judges 11. (1) The President may, by notice in the
Kenya Gazette, upon recommendation of
the Judicial Service Commissionappoint a
qualified person to act as a Judge of the
court for a period not exceeding 12 months
to be specified in the notice.
(2) In subsection (1), a qualified person
means a person qualified for appointment as
a judge of the court.
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(3) An acting judge may, despite the
expiration of the period of his or her
appointment, complete or otherwise
continue to deal with any matters relating to
proceedings that may have been heard, or
partly heard, by the acting Judge before the
expiration of that period.
(4) A retired Judge of the Court or of another
superior court may be appointed as an
acting Judge. A retired judge may not be
appointed an acting judge for any period
that extends beyond the day on which he or
she reaches the age of 70 years.
Superior Court Judges
May Act as Environment
and Land Court Judges
12. (1) This section applies to each of the
judges of the high court (an ―eligible judicial
officer‖) other than—
a) Any Judge of the Supreme Court
b) the Principal Judge or President and
other Judges of Appeal of the Court of
Appeal;
c) the Principal Judge of the High Court;
or an acting Judge in the High Court;
d) the Principal Judge of the Employment
and Labour Relations Court;
(2) A judge of the superior courts is eligible to
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act as a Judge for a particular period or in
relation to particular proceedings in the
Court if—
(a) the Principal Judge certifies that it is expedient
that the eligible judicial officer should act as a
Judge of the Court for the period or in relation to
the proceedings, and
(b) the eligible judicial officer consents to act as a
Judge for the period or in relation to the
proceedings, and
(c) the Chief Justice consents to the eligible
judicial officer acting as a Judge for the period or
in relation to the proceedings.
(3) When an eligible judicial officer acts as a
Judge of the Court he or she is to be
considered a member of the Court for all
purposes.
(4) The eligible judicial officer is not entitled
to remuneration for acting as a judge of the
Court while receiving compensation as a
judge of the relevant superior court.
Appointment of
commissioners
13. (1) The President, upon advice of the
Cabinet Secretary(ies) in charge of the
environmentmay appoint a qualified person
as an Environment Commissioner for a
period not exceeding 5 years.
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(2) When considering whether a person is
suitable to be appointed as a Commissioner
of the Court, the Cabinet Secretary(ies)
under subsection (1) shall have regard to the
need to ensure that the court possesses a mix
of knowledge and experience in matters
coming before the court, including suitable
qualifications, knowledge and experience
in—
(a) economic, commercial and business affairs,
customary law and practice, local government
and community affairs;
(b) town planning, land use planning, land
valuation and resource management;
(c) environmental science, including the physical
and social sciences;
(d) architecture, engineering, surveying, minerals
technology, and building construction;
(e) the law and practice of property law;
(f) administration and management of public and
community land, land tenure systems, and land
registration systems of Kenya;
(g)knowledge and experience in management
of natural resources;
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(h)alternative dispute resolution processes;
(i) matters relating to international environmental
law.
(3) A person may be reappointed as a
Commissioner for another term not
exceeding five years.
(4) If an Environment Commissioner is not
reappointed, he or she may continue in
office until his or her successor comes into
office, notwithstanding that the term for
which he or she was appointed may have
expired.
Full time or part time
Commissioners
14. (1) A person may be appointed as a full
time commissioner or a part time
commissioner.
(2) A person appointed as a part time
Commissioner is guilty of misconduct if,
during the term of his or her appointment,
the person appears as an expert witness, or
acts as the representative of any party, in
proceedings before the court.
Remuneration and
allowances
15. There shall be paid, out of money
appropriated by Parliament for the purpose,
to every Commissioner, remuneration by way
of fees, salary or allowances, and travelling
allowances and expenses, in accordance
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with applicable laws.
Oath of office 16. A person appointed as a Commissioner
shall, before undertaking any duties as such,
take an oath of office that he or she will
honestly and impartially perform the duties of
office.
Disqualification of
commissioners
17. (1) Where a commissioner—
(a) has a pecuniary interest, direct or indirect, in a
matter which is the subject of proceedings before
the Court, or
(b) is a member, officer, employee or servant of a
public or local authority that is a party to any
proceedings before the Court,
being proceedings in respect of which the
Commissioner is exercising functions
conferred or imposed on the Commissioner
by or under this Act or the rules, then:
(c) the Commissioner shall inform the Principal
Judge that the Commissioner has such an interest
or is such a member, officer, employee, or
servant, and
(d) The Commissioner shall thereupon cease to
exercise those functions in relation to the
proceedings.
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Appointment of Special
Advisers
18. (1) The Principal Judge may by a notice
in the Kenya gazette appoint as a special
advisor to assist the Court in a proceeding or
an inquiry before it.
(2) A special advisor is not a member of the
Court but may sit and assist in any way the
Court determines.
Remuneration and
Allowances
19. There shall be paid, out of money
appropriated by Parliament for the purpose,
to every special advisor, remuneration by
way of fees, salary or allowances, and
travelling allowances and expenses, in
accordance with applicable laws and
regulations
Registrar and Other
Officers of the Court
20. (1) The Court—
(a) shall have a Registrar and
(b) may have one or more deputy
Registrars and
(c) may have other persons to assist in
an administrative capacity.
(2) The Registrar, a Deputy Registrar, and
every other person assisting the court shall—
(a) be appointed by the Judicial
Service Commissionand
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(b) be officers of the Court.
(3) A Deputy Registrar shall exercise the
powers, functions, duties and immunity of the
Registrar as may be prescribed by this Act,
the rules or the regulations, subject to the
control of the Registrar.
Legal immunity
21. No action lies against any officer of the
Court for acts or omissions while acting in
good faith in the performance of their duties.
Annual report of the
Registrar
22. (1) The Registrar shall no later than *date*
in each year, deliver to the CJ/Cabinet
Secretary responsible for the Ministry of
Justice a report stating such information
relating to the administration, workload, and
resources of the Court during the year
ending on the preceding *date* as the
Cabinet Secretary/Minister of Justice may
require.
(2) The Cabinet Secretary/Minister who is
responsible for the Ministry of Justice shall lay
before the National Assembly each report
received by him or her under this section
within 10 sitting days of receiving it.(3) In
relation to proceedings before the Land and
Environment Court, the Registrar shall act in
accordance with the directions of the
Principal judge, the Court and the rules and
shall, in particular, be responsible for—
(a) the establishment and
maintenance of the Registry;
(b) the acceptance, transmission,
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service and custody of
documents in accordance with
the rules;
(c) the enforcement of decisions of
the Court;
(d) certifying that any order,
direction or decision is an order,
direction or decision of the
Court, or of the Principal judge or
other judge, as the case may be;
(e) causing to be kept records of the
proceedings and the minutes of
the meetings of the Court and
such other records as the Court
may direct;
(f) the management and
supervision of the staff of the
Court;
(g) the day to day administration of
the Court;
(h) the management of the library
of the Court;
(i) ensuring the publication of the
judgments of the Court; and
(j) undertaking any duties assigned
by the Court.
(2) The Registrar may consider and
dispose of procedural or administrative
matters in accordance with the rules or on
the direction of the Principal Judge, or, in the
absence of the Principal judge, the judge in
charge of the court.........
PART III- JURISDICTION OF THE ENVIRONMENT
AND LAND COURT
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General jurisdiction 23. (1) The Court shall have the jurisdiction
vested in it by or under the Constitution, this
Act, or any other Act.
(2) The Court also has jurisdiction—
(a) to hear and dispose of matters
ancillary to matters falling within its
jurisdiction under this Act or under any
other Act;
(b) to receive from and transfer to
other superior courts matters that may
be misfiled or appropriately belong to
the other court;
(c) to supervise or guide courts and
tribunals handling matters concurrent
to the jurisdiction, powers and function
of the Court, and as appropriate
promote capacity building within
them; and
(d) to hear appeals from subordinate
courts on matters within the general
jurisdiction of this court.
(3) Subject to the constitution, no law
shall deny or limit the jurisdiction of this
Court in environment, use and
occupation of and title to land.
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Environmental Petitions
(Constitutional)
24. (1) Court has jurisdiction to determine the
question whether the right to a clean and
healthy environment recognized and
protected under Article 42 of the Constitution
is being or is likely to be, denied, violated,
infringed or threatened.
(2) Any matter certified by the court as
raising a question of law under subsection (1)
shall be heard by an uneven number of
judges, being not less than three, assigned
by the Principal Judge.
(3) On application under subsection (1), the
court may make any order, or give any
directions, it considers appropriate—
(a) to prevent, stop or discontinue any
act or omission that is harmful to the
environment;
(b) to compel any public officer to
take measures to prevent or
discontinue any act or omission that is
harmful to the environment; or
(c) to provide compensation for any
victim of a violation of the right to a
clean and healthy environment.
Disputes over bona fide
ownership of land that was
25. The Environment and Land Court has
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formerly public or trust
land
original jurisdiction in disputes over bona fide
ownership of land that was formerly public or
trust land under the Government Land Act,
Cap. 280 and the Trust Land Act, Cap. 290.
Jurisdiction previously
exercised by High Court
assumed by Environment
and Land Court
26. (1) The original jurisdiction previously
exercised by the High Court in respect of
matters under Section 25 is with effect from
the date of operation of this Act assumed by
this Court.
(2) Any such matter or appeal filed in the
High Court which is not heard from the date
of operation of this Act shall be transferred to
this Court for hearing and determination.
Administrative and Quasi-
Administrative
Proceedings Subject to
Review by Court
27. The Court shall have jurisdiction to review
any administrative or quasi-administrative
matters concerning matters arising under
Section 25.
Appellate jurisdiction over
proceedings in
Magistrate’s Courts.
28. The Court shall have appellate jurisdiction
over appeals from magistrate’s courts and
tribunals on matters under Section 25.
Disputes over irregular
allocation of trust and
community land.
29. The Environment and Land Court has
original jurisdiction in disputes determining
irregular allocation of trust and community
land.
Jurisdiction previously
exercised by High Court
assumed by Environment
30. (1) The original jurisdiction previously
exercised by the High Court in respect of
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and Land Court such matters is with effect from the date of
operation of this Act assumed by this Court.
(2) Any matter or appeal filed in the High
Court which is not heard from the date of
operation of this Act shall be transferred to
this Court for hearing and determination.
Administrative and Quasi-
Administrative
Proceedings Subject to
Review by Environment
and Land Court
31. The Court will have jurisdiction to review
any administrative or quasi-administrative
matters concerning matters arising under
Section 26 if they arise from any subordinate
court or Tribunal.
Appellate jurisdiction over
proceedings in
Magistrate’s Courts.
32. The Court shall have appellate jurisdiction
over appeals from magistrate’s courts on
matters under section 26 of this Act.
Environmental Planning
and Protection (Appeals)
33. (1) The Court has jurisdiction to hear and
dispose of the following:
(a) appeals under Part IV, V, and XV of
the Agriculture Act, Cap. 318;
(b) appeals under section 35(2) of the
Biosafety Act, Act no. 2 of 2009;
(c) appeals under section 130 of the
Environment Management and
Coordination Act (EMCA), Act no. 8 of
1999;
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(d) appeals under section 87(4) of the
Water Act, Act no. 8 of 2002;
(e) appeals under provisions of law
not expressly included herein, where
such authorities deal with
environment, land use, natural
resources, mining, minerals, and
energy, including petroleum.
(2) where specific statutes dealing with
environment, land use, natural resources;
mining and minerals, and energy including
petroleum make reference to appeals to the
High Court, such references will be deemed
to refer to this Court.
Criminal Offenses 34. The Court has original jurisdiction to hear
and dispose of the following:
(a) offences under the Environmental
Management and Coordination
Act (EMCA) Act No. 8 of 1999;
(b) offences under Part V of the
Fisheries Act, Cap. 378;
(c) offences under sections 44 and 52-
54 of the Forests Act no. 7 of 2005;
(d) offences under section 7 of the
Maritime Zones Act, Cap. 371;
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(e) offences under section 7 and
section 9 of the Plant Protection Act,
Cap. 324;
(f) offences under sections 13 and 22
of the Wildlife (Conservation and
Management ) Act, Cap. 376;
(g) offences under mining laws;
(h) offences under the Penal Code,
Cap 63, and Criminal Procedure
Code, Cap. 75 relating to falsification
of title, documents, leases and other
documents relating to matters within
the Court’s general jurisdiction.
Environmental Planning
and Protection (Summary
Enforcement)
35. The Court has jurisdiction to hear and
dispose of appeals from decisions under
provisions of law not expressly included
herein, where such decisions deal with
environment, land use, natural resources,
mining, minerals, and energy, including
petroleum, on points of law.
Title, Tenure, Rates and
Valuation Appeals
36. The Court has jurisdiction to hear and
dispose of the following:
(a) enforcement actions under section
7 and section 26 of the Distress for Rent
Act, Cap. 293;
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(b) actions under section 58 and
section 98 of the Indian Transfer of
Property Act, Chapter Group 8, and
section 67 and 69A of the Act;
(c) actions under section 7 and
section 13 of the Limitation of Actions
Act, Cap. 22;
(d) applications under section 144 of
the Local Government Act, Cap. 265;
(e) applications under sections 27, 28,
44, 57, 111 of the Registered Land Act,
Cap. 300, and section 65 and 74 of the
Act;
(f) actions under section 62 of the
Sectional Properties Act, Act no. 12 of
1987; and
(g) appeals under Section 19 of the
Valuation for Rating Act, Cap. 266.
County Government
(Housing, Development,
Planning Decisions)
37. The Court has jurisdiction to hear and
dispose of the following:
(a) applications under section 166 of
the Local Government Act, Cap. 265;
and
(b) appeals under section 33(4) and
(5) and section 35(3) and (4) of the
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Physical Planning Act, Cap. 286
Land Use 38. The Court has jurisdiction to hear and
dispose of the following:
(a) appeals under Part IV, V, and XV of
the Agriculture Act, Cap. 318
(b) appeals under section 8(2) and
section 9(2) of the Land Control Act,
Cap. 302
(c) appeals under section 3 and
section 9 of the Land Disputes Tribunal
Act, Act no. 18 of 1990
(d) appeals under section 6 and
section 15 of the Landlord and Tenant
(Shops, Hotels and Catering
Establishments) Act, Cap. 301
(e) appeals under Section 8(1) and (2)
of the Rent Restriction Act, Cap. 296.
Mining and Natural
Resources
39. (1) The Court has jurisdiction to hear and
dispose of the following:
(a) appeals under section 30(f),
section 65 and section 83 of the
Mining Act, Cap. 306
(b) All natural resource agreements so
classified pursuant to Article 71(1) of
the Constitution and related
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implementing legislation.
Making of orders 40. The court shall have power, in relation to
matters in which it has jurisdiction, to make
orders of such kind, including interlocutory
orders, as the court deems appropriate.
Claims for compensation 41. (1) A claim for compensation (subject to
any such Act) shall be heard and disposed
of by the Court if:
(a) it concerns compensation
because of the compulsory acquisition
of land in accordance with the Land
Acquisition Act, Cap. 295 or any other
Act, and
(b) no agreement is reached between
the claimant and the authority
required to pay the compensation.
(2) The Court shall, for purposes of
determining any such claim, give effect to
any relevant provisions of any Acts that
prescribe a basis for, or matters to be
considered in, the assessment of
compensation.
PART IV – SITTING OF THE ENVIRONMENT AND
LAND COURT
Sittings of the 42. (1) The Court shall sit at such places and
29
Court
times as the Chief Justice may direct.
(2) More than one sitting of the Court may be
held at the same time.
Main seat in
Nairobi
43. The main seat of the Court shall be at
Nairobi.
Co-location of
seats outside
Nairobi with
other Superior
Courts
44. The Court shall be co-located with other
superior courts outside Nairobi.
Quorum of Court 45. (1) The quorum for the Court is-
(a) One judge; or
(b) One judge and one Commissioner sitting
together.
(2) When an Environment Judge sits with one
or more Commissioners or Special Advisors,
the Environment Judge shall preside at the
sitting, and will decide on matters before the
court.
PART V – PROCEDURES AND POWERS OF THE
COURT
Pre-trial 46. (1) An environment judge may at any
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conferences
time after the lodging of proceedings require
the parties, or any Cabinet Secretary, county
executive, or other person which or who has
given notice of intention to appear under
Section 54 to be present in person or by
representative at a conference presided
over by a member of the court.
(2) Any party may request a judge to
convene a conference under subsection (1).
(3) The member of the court presiding at any
conference under subsection (1) may, after
giving the parties an opportunity to be
heard, do all or any of the following things:
a) direct that such amendments to
pleadings be made as appear to the
member to be necessary;
b) direct that any admissions which have
been made by any party and which
do not appear in the pleadings, be
recorded in such a manner as the
member thinks fit;
c) define the issues to be tried;
d) direct that any issue, whether of fact
or of law or of both, be tried before
any other issue;
e) fix the dates by which the respective
31
parties shall deliver to the court and to
the other parties, statements of the
evidence to be given on behalf of the
respective parties;
f) direct the order in which the parties
shall present their respective cases;
g) direct the order in which a party may
cross-examine witnesses called on
behalf of any other party;
h) limit the number of addresses and
cross examinations of witnesses by
parties having the same interest;
i) direct that the evidence, or the
evidence of any particular witness or
witnesses, shall be given orally in open
hearing, or by affidavit, or by pre-
recorded statement or report duly
sworn by the witness before or at the
hearing, or partly by one and partly by
another or other of such modes of
testifying; except that in every case
any opposite party shall (if that party
so requires) have the opportunity of
cross-examining any witness;
j) determine any question of admissibility
of any evidence proposed to be
tendered at the hearing by any party;
32
k) require further or better particulars of
any matters connected with the
proceedings;
l) adjourn the conference to allow for
consultations among the parties;
m) give such further or other directions as
he or she considers necessary.
4) The member of the court presiding at any
conference under subsection (1)—
a) shall ensure that the parties are given
an opportunity to make all admissions
and all agreements as to the conduct
of the proceedings which ought
reasonably to be made by them; and
b) with a view to such special order (if
any) as to costs as may be just being
made at the hearing, may cause a
record to be made, in such form as
the member may direct, of any refusal
to make any admission or agreement.
Alternative
dispute
resolution
47. (1) At any time after lodgement of any
proceedings, for the purpose of encouraging
settlement, the Court, with the consent of the
parties and of its own motion or upon
request, may ask one of its members or
another person to conduct mediation,
conciliation, or other procedures designed to
33
facilitate the resolution of any matter before
or at any time during the course of a hearing.
(2) A member of the Court is not disqualified
from resuming his or her role to decide a
matter by reason of the mediation,
conciliation or other procedure of subsection
(1) if—
(a) the parties agree that the member
should resume his or her role and
decide the matter; and
(b) the member concerned and the
court are satisfied that it is appropriate
for him or her to do so.
Use of video-
conferencing,
telephone
conferencing
and other means
of
communication
48. Where it is expedient and appropriate to
do so, the Court may direct that proceedings
be conducted and appearances made
through electronic means of communication
including telephone conferences, video
conferences and other modes of
communication.
Court procedure 49. (1) Except as expressly provided in this
Act, the Court may regulate its own
proceedings in such manner as it thinks fit.
(2) Court proceedings may be conducted
without procedural formality where this is
consistent with fairness and efficiency.
34
(3) The Court may use or allow the use in any
proceedings or conference under Section 47
of any telecommunications facility which will
assist in the fair and efficient determination of
the proceedings or conference.
(4) if the Registrar is directed to do so by a
Judge, the Registrar may act on behalf of
the Court or a Judge in doing any act
preliminary or incidental to any proceedings,
including—
(a) the issuing of summonses requiring
the attendance of witnesses; and
(b) the making of an order for the
production of documents; and
(c) the convening of a conference
under section 47.
(5) An order made by the Registrar under
subsection (3) must be treated as if it were
an order of the Court.
(6) The Registrar may take a statutory
declaration or an affidavit.
Hearing matters
together
50. (1) The Court shall hear simultaneously
two or more proceedings relating to the
same subject matter unless in the court’s
opinion it is impractical, unnecessary or
undesirable.
35
(2) Subsection (1) applies whenever the
Court has jurisdiction to hear the
proceedings, whether or not they arise under
this Act or another Act or regulation or a
combination of Acts and regulations.
Local hearings
51. The Court shall conduct any conference
or hearing at a place as near to the locality
of the subject matter to which the parties
relate as the court considers convenient
unless the parties otherwise agree.
Hearing of
proceedings
52. (1) The Court shall hear and determine all
proceedings as soon as is practicable after
the date on which the proceedings are
lodged with it unless, in the circumstances of
a particular case, it is not considered
appropriate to do so.
(2) The time and place of hearing of
proceedings before the court shall be fixed
by the Registrar in accordance with
regulations made under this Act.
(3) The Registrar shall give not less than 15
working days’ notice of the time and place
fixed for a hearing to every party to the
proceedings concerned, except that a
Judge may reduce that period in any
particular case if he or she thinks fit.
36
(4) If a person who has initiated proceedings
before the court fails without sufficient cause
to appear before the court at the time and
place fixed for the hearing, the court may
dismiss the proceedings.
Representation
at proceedings
53. (1) The following persons may be a party
to any proceedings before the Environment
and Land Court –
(a) a Cabinet Secretary
(b) a county executive
(c) the Attorney-General representing
a relevant aspect of the public interest
(d) a person who is aggrieved or by
public interest persons or groups, on
behalf, or others, born or unborn, in
the proceedings before the court.
(2) A person described in subsection (1) may
become a party to the proceedings by
giving notice to the Environment Court and
to all other parties within 15 working days
after—
(a) the period for lodging a notice of appeal
ends, if the proceedings are an appeal:
(b) the decision to hold an inquiry, if the
proceedings are an inquiry
37
(c) the proceedings are commenced, in any
other case.
Personal
appearance or
by
representative
54. Any aggrieved person may appear in
person or be represented by another person
or by or through an advocate.
Evidence
55. (1) The Court shall have and may exercise
the power to—
(a) receive anything in evidence that
it considers appropriate to receive;
and
(b) call for anything to be provided in
evidence which it considers will assist it
to make a decision or
recommendation; and
(c) call before it a person to give
evidence who, in its opinion, will assist
it in making a decision or
recommendation;
(d) compel witnesses to answer
questions which the Court considers to
be relevant in any proceeding before
it; and
(e) direct witnesses to be prosecuted
for perjury
38
(2) The Court shall not be bound by
technicalities and the strict rules of law of
evidence generally applicable to judicial
proceedings.
Evidence of
documents
56. A copy of, or extract from, a policy
statement or plan, certified to be a true copy
by the authorized officer of the relevant local
authority, is admissible in evidence in legal
proceedings to the same extent as the
original document.
Hearings and
Evidence
generally to be
public
57. (1) All hearings of the Court shall be held
in public except as provided for in subsection
(2).
(2) The Court may—
(a) order that any evidence be heard in
private;
(b) prohibit or restrict the publication of any
public evidence If it considers that the
reasons for doing so far outweigh the
public interest in a public hearing and
publication of evidence.
Powers of
Environment
Judge
58. A presiding judge may make any of the
following orders:
(a) an order in the course of proceeding;
39
(b) an order that is not opposed;
(c) an order in respect of a matter which
the parties to the proceedings agree
should be heard and decided by an
Judge sitting alone;
(d) an order giving directions as to service
of anything or matter
(e) an order in any proceedings when the
matter at issue is substantially a
question of law only;
(f) an order made on the application of a
party to the proceedings directing
that any proceedings should be heard
and decided by an Environment
Judge sitting alone because the
matter at issue is substantially a
question of law only;
(g) an order in any proceedings where
questions of law and other matters are
raised reciting that any proceedings
should be heard and decided by a
Judge and a Commissioner sitting
together;
(h) an order as to costs;
(i) an order on any appeal against any
requirement to pay an administrative
40
charge;
(j) rehearing of proceedings; and
(k) any other orders permitted by the
jurisdiction of the court.
Powers of a
Regristar sitting
without a Judge
59. (1) A Registrar under the directions of a
Judge may exercise such powers as may be
conferred by the Principal Judge either
generally or in relation to a particular matter,
and on such terms and conditions as the
Principal Judge may deem fit, including a
power to—
(a) issue summonses requiring the
attendance of witnesses; and
(b) convene a conference under
Section 47.
(2) An order made by a Registrar under
subsection (1) must be treated as if it were
an order of the Court.
(3) A Registrar may take a declaration or an
affidavit duly sworn before a Commissioner
for Oaths or Notary Public;
(4) any party may, within 15 working days of
the exercise of any power under this section,
apply in writing to an Environment Judge for
leave to make an application for a review
41
off the exercise of that power by a fully
constituted Court as outlined in Section 45 of
this Act.
Waivers
and
directions
60. (1) A person may apply to the Court to—
(a) waive a requirement of this Act or another Act or
a regulation about—
(i) the time within which anything shall be
served; or
(ii) the time within which an appeal or
submission to the Court must be lodged; or
(iii) the time within which a person must give
notice under section 54 that the person
wishes to be a party to the proceedings; or
(iv) the documents that shall be served; or
(v) the persons on whom anything shall be
served; or
(vi) the information or the accuracy of the
information that shall be supplied; or
(b) give a direction about—
(i) the time within which or the method by which
anything is to be served; or
(ii) what shall be served, whether or not the direction
complies with this Act or any other Act or a
42
regulation;
(iii) the terms, including the terms as to adjournment,
costs, or other things, on which any information
shall be supplied.
(2) The Court shall not grant an application under this
section unless it is satisfied that none of the parties to the
proceedings will otherwise be unduly prejudiced.
(3) Without limiting subsection (2), the Court shall not
grant an application under this section to waive a
requirement as to the time within which anything shall be
lodged with the court (to which subsection (1)(a)(ii)
applies) unless it is satisfied that—
(a) the appellant or applicant and the respondent
consent to that waiver; or
(b) any of those parties who have not so consented
will not be unduly prejudiced.
(4) Without limiting subsection (2) and (3), the Court may
waive a requirement as to time under this section
whether or not an application is made under this section
before the requirement has been breached.
(5) A Registrar may exercise a power in this section if
conferred by the Principal Judge either generally or in
relation to a specific matter and, in either case, on such
terms and conditions as the Principal Judge deems fit.
The Court may 61. (1) The Court may waive, reduce, or
43
waive, reduce,
or postpone
payment of fee
postpone the payment to the court of any
fee prescribed by regulations made under
this Act.
(2) The powers in subsection (1) may be
exercised if only—
(a) the person responsible for paying
the fee satisfies the court that he is
unable to pay the fee in whole or in
part; or
(b) in the case of proceedings
concerning a matter of public
interest, the proceedings are unlikely
to be commenced or continued if
the powers are not exercised.
Review of
exercise of
power by
Registrar
62. (1) A person directly affected by the
exercise of a power by a Registrar may apply
to a Judge to reconsider the matter.
(2) The application must be by notice to the
Registrar and other persons affected, within 5
working days after the Registrar’s
determination or action.
(3) The Judge may confirm, modify, or
reverse the decision of the Registrar.
Power to commit
for contempt
63.(1) If any person—
(a) wilfully insults, assaults, threatens,
or intimidates the court or any
44
member or any special advisor to or
officer of the court, during a sitting of
the court, or in going to or returning
from any sitting; or
(b) wilfully interrupts the proceedings
of the court or otherwise misbehaves
while the court is sitting; or
(c) wilfully and without lawful excuse
disobeys an order or direction of a
member of the court in the course of
any proceedings before the court—
any officer of the court, with or without the
assistance of any constable or other person,
may in accordance with an order given by a
member of the court, take the person into
custody and detain him or her for a period
expiring not later than 1 hour following the
rising of the court, and an Environment
Judge may, if he or she thinks fit, by warrant
under his or her hand, commit the person to
prison for any period not exceeding 6 months
or impose a fine not exceeding 100,000.
Nonattendance
or refusal to
cooperate
64.(1) No person shall, without reasonable
cause—
(a) fail to appear in accordance with
a summons issued by a Judge or
Commissioner, or fail to produce
anything that he or she is required to
45
produce by such a summons;
(b) refuse to be sworn or give
evidence at proceedings before the
court; or
(c) refuse to answer any questions put
by a member of the court during
proceedings before the court.
(2) Any person who is in breach of any
of the provisions of subsection (1) (shall
be compelled by the court to comply
failing which he/she shall be deemed
to be in contempt of court.
Awarding costs
65.(1) The Court may order any party to
proceedings before it to pay to any other
party the costs and expenses incurred by the
other party that the court considers
reasonable.
(2) The Court may order any party to
proceedings before it to pay to the State all
or any part of the court’s costs and
expenses.
(3) The Court may order a party who fails to
proceed with a hearing at the time the court
arranges, or who fails to give adequate
notice of the abandonment of the
proceedings, to pay to any other party or to
the State any of the costs and expenses
46
incurred by the other party or the State.
Enforcing orders
for costs
66. An order for costs made by the Court
may be filed in the subordinate court named
in the order and then become enforceable
as a judgment of that court in its civil
jurisdiction.
Determination of
matter
completely and
finally
67. The Court shall, in every matter before the
court, grant all remedies to which any of the
parties appears to be entitled in respect of a
legal or equitable claim properly brought
forward by a party in the matter, so that, as
far as possible, all matters in controversy
between the parties may be completely and
finally determined and all multiplicity of
proceedings concerning any of those
matters may be avoided.
Review of
decision by court
68.(1) Where, after any decision has been
given by the Court, new and important
evidence becomes available or there has
been a change in circumstances that in
either case might have affected the
decision, the court shall have power to order
a review of the decision on such terms and
conditions as it thinks reasonable.
(2) Any party may apply to the court on any
of those grounds for a review of the decision;
and in any such case the court, after notice
to the other parties concerned and after
hearing such evidence as it thinks fit, shall
47
determine whether and (if so) on what
conditions the proceedings shall be reheard.
(3) The decision of the court in any such
proceedings shall have the same effect as a
decision of the court on the original decision.
Decisions of
court to be in
writing.
69. Every decision, determination or order of
the Court, unless it is pronounced orally at a
sitting of the court, and every report,
recommendation, or determination made by
the court on an inquiry, shall be in writing
signed by the member who presided at the
hearing or inquiry or by a majority of the
members who sat on the hearing or inquiry
and shall be authenticated with the seal of
the court.
Documents
judicially
noticed.
70. (1) The Court shall have a seal, and a
document to which the seal of the court has
been affixed shall be judicially noticed.
(2) Judicial notice shall be taken of the
signature of a Judge, a commissioner, the
Registrar or the Deputy Registrar when
appearing on a document issuing out of the
Court.
Powers of inquiry 71. The Court may order an inquiry on a
matter that falls within the court’s general
jurisdiction.
48
PART VI – APPEALS
Appeals from
subordinate
courts,
committees,
boards or
Tribunals
72. (1) Appeals on matters of law from
subordinate courts, committees having quasi
judicial functions, boards or Tribunals, on
matters under the jurisdiction of this Court
shall be made within thirty days.
(2) If a matter in subsection (1) is an appeal
from a tribunal headed by a Judge, whether
current or retired, the same shall proceed as
an appeal to Court of Appeal.
(3) If the tribunal was presided over by a
judge level appointed person, the same shall
be heard by at least two Judges, with the
presiding Judge having a final say in the
event of a split opinion.
Appeals to Court
of Appeal
73. Appeals from decisions by the Court shall
proceed to the Court of Appeal unless such
appeal is barred by a specific Act of
Parliament.
PART VII – FINANCES
Funds of
Environment and
Land Court
74. The funds of the Court shall consist of
funds allocated to the Court from the
Judiciary Fund and such other funds as may
be expressly voted by Parliament.
49
Fines and Fees to
be paid into the
Judicial Fund
75. Fines and fees accruing to the Court in
the course of proceedings before the Court
shall be paid into the Judiciary Fund.
PART VIII– GENERAL
Issue of process 76. All process issuing out of the Court shall
be in the form approved by the Court and
be signed or otherwise authenticated in
accordance with the Rules of the Court.
Amendments
and irregularities
77. (1) In any proceedings before the court,
the Court shall have power at any stage in
the proceedings to order, upon such terms
as to costs or otherwise as the Court thinks fit,
any amendments to be made which, in the
opinion of the court, are necessary in the
interests of justice.
(2) Where, in beginning or purporting to
begin any proceedings before the Court or
at any stage in connection with any such
proceedings, there is a failure to comply with
the requirements of this Act or of the rules
whether in respect of time, place, manner,
form or content or in any other respect:
(a) the failure shall be treated as an
irregularity and shall not nullify the
proceedings, or any step taken in the
proceedings, or any document,
judgement or order in the
50
proceedings, and
(b) subject to subsection (3), the Court
may, on terms, set aside wholly or in
part the proceedings, or any step
taken in the proceedings or any
document, judgment or order in the
proceedings or exercise its functions
under this Act and the rules to allow
amendments and to make orders
dealing with the proceedings
generally.
(3) The Court shall not set aside any
proceedings before it or any step taken in
any such proceedings or any document,
judgment or order in any such proceedings
on the ground of a failure to which
subsection (2) applies on the application of
any party unless the application is made
without undue delay and before the
applicant has taken any fresh step after
becoming aware of the irregularity.
Transfer of
proceedings
78. Where the High Court is of the opinion
that any proceedings commenced or
purporting to have been commenced in the
High Court or any other court could or should
have been commenced in the Court, the
High Court may, on the application of any
party or of its own motion, order that those
proceedings be transferred to the Court.
51
Proceedings
after transfer
79. (1) Subject to the rules made pursuant to
this Act, any proceedings with respect to
which an order under Section 80 is made are
to continue in the Court as if they had been
duly commenced in the Court on the date
on which they were commenced in the High
Court.
(2) For purposes of any proceedings
continued in the Court, any admission duly
made in the High Court is to be treated as if it
had been duly made in the Court.
(3) Subject to the rules made pursuant to this
Act, the power of the Court to make orders
as to costs includes a power to make orders
with respect to the costs of:
(a) the application for, and the
making of, the order under section 80
and
(b) any step taken in the proceedings
before the order under section 80was
made.
Referral of
Matters to the
High Court
80. Where the Court is of the opinion that any
proceedings commenced or purporting to
have been commenced in the Court could
or should have been commenced in the
High Court, the Court may, on the
application of any party or of its own motion,
order that those proceedings be transferred
52
to the High Court.
Proceedings
after transfer
81. (1) Subject to the rules made pursuant to
this Act, any proceedings with respect to
which an order under Section 80 is made are
to continue in the High Court as if they had
been duly commenced in the High Court on
the date on which they were commenced in
the Court.
(2) For purposes of any proceedings
continued in the High Court, any admission
duly made in the Court is to be treated as if it
had been duly made in the High Court.
(3) Subject to the rules made pursuant to this
Act, the power of the High Court to make
orders as to costs includes a power to make
orders with respect to the costs of:
(a) the application for, and the
making of, the order under section 80,
and
(b) any step taken in the proceedings
before the order under section 80 (82)
was made.
Establishment of
a Rules
Committee
82.(1) The Chief Justice in consultation with
the Rules Committee, may make rules for or
with respect to:
53
(a) the procedure (including the method of
pleading) and the practice to be followed in
the Court in any proceedings (including the
procedure and practice to be followed in
the offices of the Court) and any matters
incidental to, or relating to, any such
procedure or practice, including the manner
and time of the making of any application or
appeal which under this or any other Act is to
be made to the Court.
(b) the joinder of causes of action, the
consolidation of proceedings, and the
joinder, misjoinder and non-joinder of parties.
(c) the means for, and the practice and
procedure to be followed in the
enforcement and execution of decisions,
judgments and orders of the Court,
(d) the furnishing of security,
(e)the costs of proceedings in the
Court,
(f) fixing or otherwise relating to fees
and percentages to be taken in
respect of the business of the Court,
(g) leave which may be granted to
Commissioners
(h) the appointment of persons to
panels from which persons may be
54
appointed as acting Commissioners
and
(i) all matters that by this Act are required or
permitted to be prescribed by rules or that
are necessary or convenient to be
prescribed by rules for carrying out or giving
effect to this Act.
(2) Without affecting the generality of
subsection (1), rules may be made, in relation
to matters within the jurisdiction of the Court,
for or with respect to matters for or with
respect to which rules may be made under
Civil Procedure Act, Cap. 21 or the
Judicature Act, Cap. 8, including rules that
may be so made by virtue of any other Act.
(3) The rules may, with any adaptations
specified therein, adopt by reference any
rules made under the Judicature Act, Cap. 8,
or the Civil Procedure Act, Cap. 21.
(4) Rules may be made so as to apply
differently according to such factors as may
be specified in the rules.
(5) This section does not give power to make
rules with respect to any other matter for
which rules may be made under Part XII of
the Advocates Act, Cap. 16, or any matter
relating to costs that is regulated by Part IX of
that Act.
55
(6) The rules made under this section may
provide for the exercise by the Registrar or
any other officer of the Court of any of the
Court’s administrative or judicial functions
under this or any other Act and for the review
by the Court of the exercise by the Registrar
or any such other officer of any such
function.
Court may
dispense with
rules in particular
cases
83. The Court may, by order, dispense with
any requirements of the rules if satisfied that it
is appropriate to do so in the circumstances
of the case.
Practice Notes 84.(1) Subject to the rules, the Chief Justice in
consultation with the Principal Judge, may
issue
(a) practice notes in relation to any matter
with respect to which rules may be made.
(b)forms for documents to be used in
connection with proceedings,
2) Copies of the approved forms are to be
made available for public inspection at
each registry of the Court and on the court’s
website.
(3) If a form is approved under Part X of the
Civil Procedure Act, Cap. 21 in relation to the
same matter as that for which a form is
approved under subsection (1), the form to
56
be used is the form approved under
subsection (1).
(4) no proceedings shall fail for want form.
(5) A practice note must be published in the
Gazette.
Court may give
directions in
circumstances
not covered by
rules
85. (1) In relation to particular proceedings,
the Court may give directions with respect to
any aspect of practice or procedure for
which the rules or practice notes do not
provide.
(2) Anything done in accordance with such
a direction (including the commencing of
proceedings and the taking of any step in
proceedings) is taken to have been validly
done.
PART IX – SAVINGS, TRANSITIONAL AND
OTHER PROVISIONS
Matters pending
before the High
Court when the
Act comes into
effect
86.(1) Upon entry into force of this Act,
matters pending before the High Court or
any other Court, which are within the
jurisdiction of this Court shall, subject to
section 80 (jurisdiction of the High Court), be
transferred to the Court.
(2) subject to subsection (1) all matters
57
subject to the jurisdiction of the Court shall
remain in being until they are transferred to
the Court.
(3) all subsisting provisions of the law
concerning the jurisdiction of the Court shall
continue in force for as long as
(a) the matters are not transferred to the
Court;
(b) the Court is not fully operational; or
(c) the rules, practice notes or forms of the
Court are not established.
Bar to
further suits
87. subject to subsisting right of appeal or
review, matters concluded by Courts of
competent jurisdiction before the date of
commencement of this Act shall not be
receivable in the Court.
58
MEMORANDUM OF OBJECTS AND REASONS
The principal purpose of this Bill is to provide a legislative framework to operationalize
Article 162(2) of the Constitution which establishes an Environment and Land Court. The
objectives of the proposed Act, as set out in clause 3, are to ―hear and determine
disputes relating to the environment and the use and occupation of, and title to, land.‖
Part I of the Bill provides for preliminary matters.
Part II provides for the administration of the Environment and Land Court. It creates the
office of the Registrar and of Environment Commissioners, and provides for the
appointment of special advisers.
Part III sets out the jurisdiction of the Court in disputes concerning the environment and
the use and occupation of, and title to, land.
Part IV provides for the sitting of the Court, including provisions on the quorum of the
Court and its colocation with other superior courts outside of Nairobi.
Part V elaborates on the Court’s procedures and powers. It sets out provisions on issues
including proceedings, alternative dispute resolution, and powers of inquiry.
Part VI provides for the manner in which the Court shall exercise its appellate
jurisdiction.
Part VII outlines financial provisions concerning fines and fees levied by the court, as
well as the court’s sources of funding for its operations.
Part VIII outlines provisions concerning various matters related to the Court’s operations,
including rules, regulations, and transfers of proceedings.
59
Part IX provides for savings, transitions and other matters. This part elaborates on how
matters pending before the High Court are to be handled upon the coming into effect
of the Act. It also creates provisions to a bar to further suits in the Court for matters
concluded in either the High Court or the Court of Appeals.
The enactment of this Bill shall occasion additional expenditure of public funds which
shall be provided for through the estimates.
60
Appendix I
The Draft refers to several Acts of Parliament in the field of environment and land under
Part III
Section Constitutional Provision/Act referred to
24(1) – original jurisdiction Art. 42, Constitution (2010)
25 Government Lands Act, Cap. 280
Trust Lands Act, Cap. 290
33 – appellate jurisdiction Part IV, V and XI, Agriculture Act, Cap. 318
Section 35(2), Biosafety Act, Act no. 2 of 2009
Section 130, Environment Management and Coordination
Act (EMCA), Act no. 8 of 1999
Section 87(4) of Water Act, Act no. 8 of 2002
34 – original jurisdiction Part IV, Fisheries Act, Cap. 378
Sections 44, 52-54, Forests Act, Act no. 7 of 2005
Section 7, Maritime Zones Act, Cap. 371
Sections 7 and 9, Plant Protection Act, Cap. 324
Sections 13 and 22 of the Wildlife (Conservation and
Management) Act, Cap. 376
Mining laws
Penal Code, Cap. 63
Criminal Procedure Code, Cap. 75
36 – original and
appellate jurisdiction
Sections 7and 26, Distress for Rent Act, Cap. 293
Section 58, 59, 67, 69A, Indian Transfer of Property Act
Sections 7 and 13, Limitation of Actions Act, Cap. 22
Section 144, Local Government Act, Cap. 265
Sections 27, 28, 44, 57, 65, 74, 111, Registered Land Act,
Cap. 300
Section 62, Sectional Properties Act, 1987
Section 19, Valuation for Rating Act, Cap. 266
61
37 – appellate jurisdiction Section 166, Local Government Act, Cap. 265
Section 33(4), 33(5), 35(3), 35(4), Physical Planning Act
38 – appellate jurisdiction Part IV, V and XV of Agriculture Act
Sections 8(2) and 9(2) of Land Control Act, Cap. 302
Sections 3 and 9 of the Land Disputes Tribunal Act, Act no.
18 of 1990.
Sections 6 and 15 of the Landlord and Tenants (Shops,
Hotels and Catering Establishments) Act, Cap. 301
Section 8(1)-(2), Rent Restriction Act, Cap. 296
39 – original and
appellate jurisdiction
Sections 30(f), 65, 83 of Mining Act, Cap. 306
Art. 71(1), Constitution (2010)
41(1) – original jurisdiction Land Acquisition Act, Cap. 295