CJ Appoints 91 Magistrates to Tackle Land Disputes

Chief Justice Martha Koome has appointed 91 magistrates to preside over cases involving disputes relating to environment and land.

Koome said the magistrates will handle cases at their current and future working stations as they may be deployed from time to time.

The appointments took effect on August 1 and the decision is aimed at reducing the backlog of land and property disputes that have continued to rise despite the establishment of the Environment and Land Court, a special High Court division, in 2011 to deal with such disputes.

The magistrates of the specialised courts have powers to address claims involving occupation and title to land, provided that the value of the subject matter does not exceed a value of Sh20 million.

Appeals arising on matters from the designated magistrate’s courts lie with the Environment and Land Court. The court also exercises appellate jurisdiction over the decisions of local tribunals.

Some of these tribunals include the National Land Commission, the Business Premises Rent Tribunal, the Rent Restriction Tribunal, the National Environment Tribunal and the Cooperative Tribunal (in as far as the dispute relates to land).

The magistrates will also handle disputes on environmental planning and protection, climate issues, as well as land use planning and boundaries.

Other disputes are related to valuation, natural resources, compulsory acquisition, land administration and management.

In 2015, the Environment and Land Court Act was amended to allow the Chief Justice, by notice in the Kenya Gazette, to appoint certain magistrates to preside over cases involving environment and land matters of any part of the country.