1

REPUBLIC OF KENYA

Draft Environment and Land Court

Bill

2

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)

3

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

4

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

5

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.

6

―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

7

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

8

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

9

(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

10

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—

11

(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.

12

(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

13

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.

14

(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;

15

(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

16

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.

17

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

18

(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,

19

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

20

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.

21

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

22

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

23

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;

24

(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;

25

(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;

26

(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

27

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

28

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

30

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