The judiciary headquarters. [photo/untobbacontrol.org]
The high number of land cases that had stalled at the magistrate's courts across the country will now proceed following the order by the court of appeal to reverse the ruling given by the high court barring them from hearing such cases.
According to the five appellate judges Philp Waki, Roselyn Nambuye, Daniel Musinga, Gatembu Kairu and Agnes Murgor, giving powers to the magistrates' courts to hear and determine the land cases will not diminish the specialization of the courts.
Last year November, a three bench high court judges quashed the laws enacted by parliament to give the magistrates' courts powers to listen and determine the land and employment-related cases terming the move by parliament as illegal.
The judges were responding to a case that had been filed before them questioning on whether the specialized courts had the jurisdiction to determine the cases related to the land occupation and environment issues and also employment and labor relations.
The Nairobi branch Law Society of Kenya (LSK), Attorney General and two other LSK branches later filed an appeal before the court of appeal challenging the high court' s ruling.
Through his lawyer ,Mr Waigi Kamau, Attorney General noted that the high court had misapprehended and misappropriated failed to interpret the constitution and thus ruling out a decision that created uncertainty.