Presiding Mombasa Environment and Land Court Judge, Hon Stephen Kibunja this morning made history as he pioneered the hearing of several cases listed before the newly established Voi ELC Division.
Judge Kibunja is scheduled to preside over the hearing and mentions of cases initially numbering 24 recently transferred from Mombasa ELC Court to Voi for the rest of the week.
Judge Kibunja, accompanied by his Voi High Court counterpart Judge George Dulu, other high ranking local Judiciary staff as well as stakeholders planted trees within the Court compound followed by the cutting of a beautiful cake and brief speeches to symbolize the official opening of the Court to County litigants.
In June this year, Judge Stephen Kibunja, accompanied by Hon Leperes Naikuni also of Mombasa ELC Station visited Voi Law Courts as part of the final preparations towards the establishment of the Environment and Land Court in this region.
By a Kenya Gazette Notice no 5057 dated 6th April 2023, the Chief Justice and President of the Supreme Court, Hon Martha K. Koome notified the general public, of:
“The establishment of an Environment and Land Court at Voi, Taita Taveta County with effect from the 1st July, 2023″
Under the new ELC Division, Voi Principal Magistrate, Hon TN Sinkiyan who ordinarily presides over all manner of cases including civil, criminal, land and succession cases in Court room no 3, becomes the Deputy Registrar of the ELC Court whose jurisdiction handles cases bearing values above 20 million.
Initially, for the first few months of its existence, visiting ELC Justices from Mombasa will hold one week sessions in a month alternately, followed by a resident Judge of the new Division.
In the very near future, therefore, Voi Law Courts Complex will comprise two resident Judges presiding over the High Court and the Environment and Land Court Divisions with their respective staffs, besides the Magistrates Courts presided over by a Chief Magistrate.
Incidentally, Voi Kadhi’s Court forms part of the subordinate courts tier falling below the Supreme Court, Court of Appeal, High Court Division, Environment and Land Court and Employment and Labor Relations Court.
In March this year, the Voi Judicial and legal fraternity welcomed Judge George Abaleka Dulu who was posted from Makueni as Voi High Court Station’s third resident Judge, effective from March, 2023. He replaced Lady Justice Farah Amin who left Voi High Court Station in July, 2021 without an immediate replacement.
Currently, there are at least 37 Environment and Land Courts throughout the Republic manned by 53 Judges who are led by a Presiding Judge.
Notably, the Environment and Land Court, Employment and Labor Relations Court, as well as the High Court Divisions are all of equal status, from which appeals lie in the Court of Appeal.
The Environment and Land Court is derived from article 162 (2) (b) of the Kenya Constitution promulgated in 2010 which deals with “the System of Courts”
Duncan Mwanyumba,
Voi City, Monday September 25, 2023
Duncan Mwanyumba is a Senior Counsel/Advocate of the High Court of Kenya currently based in Voi City; a founder member of the Rotary Club of Voi and a cultural practitioner in his own right. He is the founder of Voi City Entertainment & Sports (VoiCES) and the annual Malaika Festival
