GAZETTE NOTICE NO. 1617

IN EXERCISE of the powers conferred by the sixth Schedule Part 5 section 22 of the Constitution of Kenya, 2010, and in pursuance of section 30 (1) of the Environment and Land Court Act, (No. 19 of 2011) of the laws of Kenya on transitional provisions for proceedings relating to the environment and the use and occupation of, and title to land, as read with section 31 of the Act, the Chief Justice makes the following practice directions pending the establishment of the Environment and Land Court. 1. All proceedings relating to the environment and the use and occupation of, and title to land the pending before the Court of Appeal, High Court, Subordinate Courts or Local Tribunal of competent jurisdiction other than Land Disputes Tribunals which existed under the now repealed Land Disputes Tribunals Act, No. 18 of 1990, shall continue to be heard and determined by the same Courts or Tribunal. Any Proceedings which shall not have been concluded by the time the Environment and Land Court is established, shall be moved to the Court upon its establishment. 2. All proceedings which were pending before the District Land Disputes Tribunals as at the date of the enactment of the Environment and Land Court Act, 2011, shall be moved to the nearest Resident Magistrate’s Court for hearing and determination by a Court presided over by a Magistrate of the rank of Resident Magistrate. 3. All proceedings which were pending before the Provincial Land Appeals Committees as at the date of the enactment of the Environment and Land Court Act, 2011, shall be moved to the nearest High Court for hearing and determination. THE KENYA GAZETTE 17th February, 2012 384 384 4. The proceedings to be moved to the Resident Magistrate’s Courts and High Court respectively, shall be under separate registers to facilitate ease of movement to the Environment and Land Court once established in the event that the proceedings are not concluded before the establishment of the said Court. 5. All new disputes relating to the environment and the use and occupation of, and title to land shall be filed in the nearest High Court under a separate register to facilitate ease of movement of the proceedings to the Environment and Land Court once established. Dated the 9th February, 2012. W. MUTUNGA, Chief Justice/President, Supreme Court of Kenya.