REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL SUIT NO. 1 OF 2021
ZENA MAKOKHA MOHAMMED................................1ST PLAINTIFF
MARTHA ATIENO ONYANGO.....................................2ND PLAINTIFF
VERSUS
JOYCE PACILISHA SHIMANYULA..........................1ST DEFENDANT
THOMAS SHIMANYULA LEVI.................................2ND DEFENDANT
FAMILY BANK LIMITED...........................................3RD DEFENDANT
PAWABA AUCTIONEERS...........................................4TH DEFENDANT
RULING
1. As I was settling to write a ruling herein, I realised that there were proceedings that were taken on 29th July 2021, before Hon. Lady Justice F. Amin, on the jurisdiction of the Environment and Land Court to transnfer a matter pending before it to the High Court.
2. I was initially of the impression that the Judge had only given directions, for filing of written submissions, and that I could proceed and determine it on the basis of the written submissions. But as oral arguments were taken on 29th july 2021, the matter is, no doubt, part-heard by Hon. Lady Justice F. Amin, and it would only be right to refrain from preparing a ruling on the issue that was before the Judge.
3. Consequently, the matter shall be placed before Hon. Lady Justice F. Amin, for further dircetions . It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021
W. MUSYOKA
JUDGE
IN THE PRESENCE OF:-
ERICK ZALO – COURT ASSISTANT
N/A FOR THE PARTIES