Point in Time
Act No: No. 19 of 2011
Act Title: ENVIRONMENT AND LAND COURT
[ Date of commencement: 30th August, 2011. ]
[ Date of assent: 27th August, 2011. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Environment and Land Court Act, 2011.

3.
Overriding objective
(1)

The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act.

(2)

The Court shall, in the discharge of its functions under this Act give effect to the principal objective in subsection (1).

(3)

The parties and their duly authorised representatives, as the case may be, shall assist the Court to further the overriding objective and participate in the proceedings of the Court.

PART II – ESTABLISHMENT AND CONSTITUTION OF THE COURT
12.
Review of the Registrar’s decision
(1)

Any person aggrieved by a decision of the Registrar on matters relating to judicial functions of the Court may apply for review by a Judge of the Court in accordance with the Rules.

(2)

The Judge may confirm, modify or reverse the decision of the Registrar referred to in subsection (1).

PART III – JURISDICTION OF THE COURT
16.
Appeals

Appeals from the Court shall lie to the Court of Appeal against any judgment, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution.

PART IV – PROCEEDINGS OF THE COURT
20.
Alternative dispute resolution
(1)

Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion, with the agreement of or at the request of the parties, any other appropriate means of alternative dispute resolution including conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution.

(2)

Where alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall stay proceedings until such condition is fulfilled.

22.
Representation before the Court

A party to the proceedings may act in person or be represented by a duly authorised representative.

PART V – MISCELLANEOUS PROVISIONS
27.
Regulations

The Court may make regulations for the better carrying out of its functions under this Act.

30.
Transitional provisions
(1)

All proceedings relating to the environment or to the use and occupation and title to land pending before any Court or local tribunal of competent jurisdiction shall continue to be heard and determined by the same court until the Environment and Land Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar.

(2)

The Chief Justice may, after the Court is established, refer part-heard cases, where appropriate, to the Court.

31.
Repeal

The Land Disputes Tribunal Act (No.18 of 1990) is repealed.