What to expect from new-look Environment and Land Court

Despite its efforts, the Judiciary isn’t too good at showcasing its achievements — perhaps owing to the austere nature of its business.

For instance, there have been some major changes in the structure of the Environment and Land Court.

The changes will greatly impact the court’s business. But not many Kenyans, other than practising advocates, know. The court has now been restructured into two divisions — one responsible for land matters, the other for environment and planning matters.

This court was established following proposals contained in Kenya’s 2009 National Land Policy. The proposal was subsequently anchored in the 2010 Constitution and operationalised through the Environment and Land Court Act of 2011.

The Constitution obliged Parliament to establish a court with the same status as the High Court to determine disputes relating to the environment, the use of and occupation of land, and titles to land.

This court, which currently has a presence in several counties, has been in operation for just over 10 years.

In a recently released user operation manual on the newly established divisions, the Presiding Judge of the Court observes that during the court’s 10-year anniversary celebrations, stakeholders indicated that an increasing number of cases brought before the court pertaining to land, rather than environmental concerns.

In response to the disparity, the court reached out to the Chief Justice with the idea of restructuring. Subsequently, the Land Division and the Environment and Planning Division of the court were created and became operational from July 2023.

Litigants and advocates seeking to table pleadings before this court need to be aware of this development and direct their matters accordingly.

This is a positive development. It will not only enable the court to disaggregate and allocate the cases presented, but it will also help it to train and deploy its judges accordingly.

It will deepen judicial competencies, and improve the documentation of caseload and rulings.

The Land Division will deal with disputes tabled on land and related issues. These include titles and tenure of land, boundaries, rates and rents, and also the valuation of land.

The division will also adjudicate over matters on compulsory acquisition of land and the wider realm of land administration and management.

The Environment and Planning Division, which is expected to be receiving fewer cases, will deal with a wide range of issues on environment and planning.

Among these are environmental protection, climate change, mining and minerals. Issues relating to other natural resources will also be heard in this division, which is also charged with adjudicating disputes on the critical and broad matter of land use planning.

The user operation manual details the specific issues to be adjudicated under each division, and the applicable filing fees, among other matters.

Pending cases filed under the old structure will continue to be heard as earlier allocated. Litigants now look forward to improved services under the new-look court.

Reduced timelines would for instance spell a boon to affected businesses.

The writer is a consultant on land governance. Ibrahim Mwathane([email protected])