LegislationGazette notice

Gazette Notice No. 3461 of 2025

The Chief Justice issues practice directions standardising practice and procedures in the Environment and Land Court.

Whole issue, from Kenya Law. This notice starts on printed page 1206.

AI-extractedAgreement between models, not verified accuracy.

Items 6

Legislation notice 1
Link

Issuing authority
Chief Justice of the Republic of Kenya, Principal Judge of Environment and Land Court (Publishes directions for disposal of matters during recess)
Court
Environment and Land Court of Kenya
Body
E-Support Centre (To be established in each Environment and Land Court station to assist vulnerable litigants to access E-services)
Citation
Practice Directions on Standardisation of Practice and Procedures in the Environment and Land Court, 2025
Commencement
on a date to be determined by the Honourable Chief Justice of the Republic of Kenya vide a Gazette Notice
Application
all Divisions of the Environment and Land Court
Objectives
Fair; Just; Expeditious; Proportionate; and Accessible resolution of disputes
Court notice 2
Link

Court
Court
Body
Judiciary
Office
Deputy Registrar, Judge
Registry
Registry
Provision 14 d
The Record of Appeal shall be bound and where the pleadings comprise of more than 500 pages, they shall be bound in separate volumes each of 500 or less pages. The volumes shall contain an index of all the documents.
Provision 15 a
Pleadings or documents shall be filed via the Judiciary Electronic Filing System (E-filing) and shall satisfy the criteria specified.
Provision 15 b
The E-filing procedure shall be guided by rules and regulations as shall be issued from time to time.
Provision 15 c
In the event of unavailability of the electronic filing system, the Court shall issue directions on the mode of filing.
Provision 15 e
The Registry shall serve Court processes on the Advocates and Litigants electronically or physically if the Court so directs.
Provision 16 a
At the point of issuing a hearing date, the Court shall allocate time for hearing and shall also indicate the amount of time to be given to each case and party.
Provision 16 b
Parties and Counsel shall be bound by the agreed optimum timelines during sessions.
Provision 16 c
Where parties fail to appear during a scheduled time, the Court shall make such orders as it deems fit, just and expedient in the circumstances.
Provision 16 d
The Court shall promptly communicate when Court sessions are to commence late.
Provision 17 a
In the case of Applications, the Court shall give directions on whether the matter should be disposed of by way of written submissions.
Provision 17 b
In exceptional circumstances and subject to good reason, the Court may allow the parties to highlight the submissions and in which case, the Court shall in its discretion limit the time for the highlighting of the submissions.
Provision 17 c
The Court shall on sufficient cause being shown vary or review the time limits fixed by and under its directions as the justice of the case may require.
Provision 17 d
The Court shall require that issues in the case should be—
Provision 17 d i
Identified in writing.
Provision 17 d ii
Addressed in a particular order.
Provision 17 f
Without prejudice to the foregoing, and in applications for temporary injunction, conservatory order or any order of interlocutory nature, the court may summarily, after considering submissions by the parties, allow or refuse the application or make an order of status quo where appropriate without giving a detailed Ruling.
Provision 18
In all matters brought under Certificate of Urgency:
Provision 18 a
The urgency must be self-evident in the certificate, or the grounds thereof.
Provision 18 b
The Judge shall have discretion to grant interim orders or give directions in chambers on the basis of the pleadings and documents in support of the same without hearing counsel or party in the matter.
Provision 18 c
Applications filed under Certificate of Urgency shall at the first instance be considered by the Judge upon being filed or as soon as reasonably practicable.
Provision 18 d
The Judge shall have discretion on whether to hear Counsel or a party orally at the ex-parte stage.
Provision 18 e
In order to facilitate expeditious extraction of orders relating to urgent applications, the applying Advocate/Party may prepare draft orders in soft copies when coming to court. The Court will approve the draft with or without amendments and have a fair one executed and sealed shortly after grant of the orders sought.
Provision 18 f
In ex-parte applications before the Judge or Deputy Registrar the Court shall in its discretion, issue orders or directions without the attendance of the advocates or parties.
Provision 18 g
Where the attendance of Parties/Advocates is necessary, the Court shall notify the Parties/ Advocates to appear on the scheduled date or time.
Provision 18 h
In the absence of a Judge in the station, all interlocutory applications of an urgent nature shall be placed before a Deputy Registrar in the station who shall consult with the Judge on the directions to issue.
Provision 18 i
In ex-parte applications before the Judge/ Deputy Registrar, discretion shall be exercised to hear or not hear an advocate/party. However, the Judge or Deputy Registrar in appropriate matters may require a party to address him/her on the application before granting any orders. In such matters the Judge or Deputy Registrar shall allocate a time or a very near date for the party to argue the application.
Provision 19 a
A person who wishes to act as Amicus Curiae in public interest matters shall apply to the Court, specifying the reasons for such application and the contribution they would like to make.
Provision 19 b
The Court shall hear the application and determine the same within a reasonable time from the date of the filling of the application.
Provision 19 c
If the Court grants the application to act as Amicus Curiae, the Applicant shall be duly notified by the Deputy Registrar.
Provision 19 d
The Court on its own motion may invite a person to act as amicus curiae in a particular matter pending before it.
Provision 19 e
The amicus curiae brief submitted to the Court on a matter shall forthwith be served on the parties to the dispute by the amicus or the Applicant,
Provision 20 a
All matters pending before the Court shall have dates for the next activity.
Provision 20 b
Priority hearing dates shall be given to cases according to age, urgency and nature as may be practically possible.
Provision 20 c
Deputy Registrars shall issue a date for mention before a Judge on applications which are not filed under Certificate of Urgency.
Provision 20 d
Hearing Dates shall be given by the Judge.
Provision 20 e
Matters without hearing dates shall be listed for mention before a Judge to give a hearing date.
Provision 20 f
Mentions before a Judge shall be for the following purposes;
Provision 20 f i
For compliance with the directions of the Court.
Provision 20 f ii
For ascertaining compliance with the provisions of Order 11 of the Civil Procedure Rules, 2010.
Provision 20 f iii
For adoption and endorsement of inter alia consents, withdrawals, ADR settlements and or awards.
Provision 20 f iv
To fix a Ruling or Judgment date.
Provision 20 f v
All other mentions shall be handled by the Deputy Registrar in the first instance.
Provision 20 f vi
Requests for mention.
Provision 20 f vii
The purpose for the mention shall be specified and captured in the body of the request for mention.
Provision 21
Cause lists shall be accessed through the Judiciary approved website www.causelist.court.go.ke or as shall be communicated from time to time.
Provision 22 a
Upon filing of a suit, the matter shall be given a mention date before the Deputy Registrar within thirty (30) days of the date of filing.
Court notice 3
Link

Court
Court
Case manager
Deputy Registrar (The Deputy Registrar will be a case manager)
Judge
Judge
Issuing authority
Honourable Chief Justice of the Republic of Kenya (Virtual Practice Directions)
Direction 22 b
A bring up mention notice shall be issued together with the Summons to enter appearance.
Direction 22 c
The Deputy Registrar will be a case manager for purposes of:
Direction 22 c i
Issuance of Summons and service of the same,
Direction 22 c ii
Confirming that the Checklist form set out in Appendix B Order 11, Rule 2 of the Civil Procedure Rules, 2010 has been filed.
Direction 22 c iii
Screening matters for suitability for referral to Court Annexed Mediation.
Direction 22 c iv
Explaining to parties the process and their roles in Court Annexed Mediation.
Direction 22 c v
Confirm whether any of the parties requires an interpreter and/or document translator.
Direction 22 c vi
Giving direction on preliminary issues under Order 3, Civil Procedure Rules, 2010.
Direction 22 c vii
The number and needs of witnesses (including intermediaries), including the length of those witnesses’ testimony and whether tele-conferencing or live TV link shall be necessary and/or appropriate.
Direction 22 d
At the close of the pre-trial conference—
Direction 22 d i
Parties shall file with Court a duly signed case management checklist in the Prescribed Form;
Direction 22 d ii
The Court shall set down the matter for hearing;
Direction 22 d iii
The filings of the pleadings and attendant documents shall be done electronically in accordance with Direction 15 above;
Direction 22 d iv
Nevertheless, parties may avail bound copies of their Trial Bundle, which shall contain all the Pleadings, witness statements and bundle of documents to be relied on during trial.
Direction 22 e
Where there is non-compliance with pre-trial directions, the case manager shall place the file before a Judge for sanctions.
Direction 22 f
At the close of pre-trial the case manager shall;
Direction 22 f i first
(i) Ensure parties file a duly signed case management checklist in the prescribed form.
Direction 22 f i second
(i) Place the file before a Judge for directions on hearing.
Direction 22 g
The Judge may set a matter for hearing notwithstanding the failure by any party to comply with pre- trial directions.
Direction 23
In addition to the matters contained in Order 11, Rule 3 of the Civil Procedure Rules, 2010, the following are the orders/directions that may be issued by a Judge or the Deputy Registrar during a pre-trial conference:
Direction 23 a
The issuance of appropriate Orders and directions to ensure parties comply and take pre-trial conferences seriously as they constitute a vital stage in the overall case management and the efficient administration of justice.
Direction 23 b
The issuance of an Order striking out pleadings or imposing costs or similar sanctions due to non-compliance with pre-trial directions and other timelines.
Direction 23 c
The issuance of Directions on the number of conferences to be held before trial.
Direction 23 d
The issuance of summons for witnesses to attend court to testify and/or produce documents, and for the filing of Witness Statements in respect of such witnesses.
Direction 23 e
The issuance of an Order requiring the filing of more comprehensive Witnesses Statements.
Direction 23 f
The issuance of an Order that the parties agree and narrow down issues for trial.
Direction 23 g
Identify the real issues in dispute, considering in advance issues relating to any arguments inter alia regarding the admissibility of any documentary, technical, expert evidence, pre-recorded, digital or electronic evidence including confessions, video and audio recorded interview.
Direction 23 h
Taking of all objections to the production of specific documents, where notice has been issued to the other party, thereafter, objections on the production of any document shall not be entertained at the main hearing.
Direction 23 i
The issuance of Directions that a matter shall be determined through filed witness statement(s) and bundle of documents;
Direction 23 j
Alternatively, the issuance of Directions to determine and fix the number of witnesses to testify at the trial.
Direction 23 k
The issuance of an Order that the matter to be referred for arbitration or make such other orders for meditation and negotiation (as may be appropriate in the circumstances of the case) to ensure the expeditious disposal of the matter.
Direction 23 l
Where appropriate, the issuance of conservatory orders or maintenance of status quo until a matter is fully and finally determined.
Direction 23 m
The Judge shall have the discretion to give any further orders and/or directions as the ends of justice may require.
Direction 24 a
Parties are enjoined to comply with the requirements including timelines for filing pleadings, witness statements, and documents as prescribed under the Civil Procedures Rules, 2010.
Direction 24 b
Three (3) days before the hearing, parties shall ensure all documents are properly filed and served upon the adverse parties.
Direction 24 c
The parties shall thereafter be obliged to file the evidence of service prior to the return date.
Direction 25 a
The Court shall give directions on whether the hearing will be in open court, virtual or in camera.
Direction 25 b
On the date scheduled for the hearing parties shall log-in to the Court for a call-over.
Direction 25 c
At every hearing the Court shall where practicable ensure continuity of the case for the expeditious disposal of the case.
Direction 25 d
Where the hearing of the case is not concluded on the scheduled date, the Court shall take steps and issue appropriate directions to facilitate the continuation of the hearing towards expeditious conclusion.
Direction 25 e
In any event, the Court shall endeavor to comply with the overriding objectives of the Court as well as the provisions of Article 159 (2) (b) of the Constitution 2010.
Direction 25 f
The Judge may at any stage, where appropriate, refer a matter to Alternative Justice Systems including Court Annexed Mediation, Arbitration etc.
Direction 26 a
Except in exceptional circumstances, the Court shall not allow an adjournment of scheduled proceedings.
Direction 26 b
Any intention to apply for an adjournment shall be communicated to the adverse party and to the Court prior to scheduled hearing date.
Direction 26 c
Where a technical hitch interrupts a virtual Court session, the Court shall issue appropriate directions as soon as is reasonably practicable.
Direction 27 a
The conduct of the Virtual Court Sessions shall be guided by the Court and shall be in accordance with Virtual Practice Directions issued by the Honourable Chief Justice of the Republic of Kenya.
Direction 27 b
Parties and their respective Advocates shall endeavour to join Court sessions at least five (5) minutes prior to the commencement time.
Court notice 4
Link

Body
Law Society of Kenya (Advocates shall comply with its dress code and observe professional etiquette.)
Office
Presiding Judge (Pending matters shall be brought up for mention before the Presiding Judge when a Judge is transferred.), Principal Judge of the Court (Receives a list of pending part-heard matters upon transfer of a Judge.)
Direction 27 c
Parties shall be appropriately dressed during all Court sessions.
Direction 27 d
Advocates shall comply with the Law Society of Kenya dress code and observe professional etiquette.
Direction 27 e
To maintain the solemnity of the proceedings, the Court may require Advocates to appear in their robes.
Direction 27 f
The Advocates and the parties in general shall observe and maintain decorum during the proceedings of the Court. In particular, Advocates and parties shall only address the Court when their respective matters are called out or with the indulgence of the court.
Direction 27 g
All microphones shall remain muted and the camera turned off until one is given audience.
Direction 27 h
While addressing the Court, Advocates/Litigants should be mindful of the need for interpretation and shall therefore speak slowly and pause intermittently.
Direction 27 i
Advocates/Litigants shall be concise and precise in their submissions.
Direction 28 a
Witnesses shall ensure that they have reliable internet connectivity.
Direction 28 b
Witnesses shall join the virtual session prior to the commencement but shall only speak upon invitation by their Advocates and prompting by the Court.
Direction 28 c
Witnesses shall be required to state their physical location and verify that they are alone in the video conferencing space.
Direction 28 d
To ensure the integrity of proceedings and subject to the direction of the Court, if a witness is participating from the Advocate’s office, the witness shall as far as practicable be seated in a separate room from the Advocate.
Direction 28 e
The witness shall not be accompanied by or seated with any other person unless with the approval and permission of the Court.
Direction 28 f
Where more than one person is permitted to be in the same room, he/she shall log in separately. However, only one microphone shall be in use at any one time so as to avoid echo.
Direction 28 g
In the event an interpreter is required, the Court shall give directions as to where the interpreter shall sit in relation to the witness and the manner in which the interpretation shall be undertaken.
Direction 28 h
The camera settings shall provide enough visibility for the court to see the Advocate and he witness (es).
Direction 28 i
There shall, during the witness(es) testimony be no private communications via phone, text or email, gestures by the witness There shall during the witness’s testimony.
Direction 28 j
The Court shall direct Advocates, parties and witnesses on how to communicate or raise any issues that may arise during the virtual sessions.
Direction 28 k
The witness giving testimony shall at all times be visible to the Court and the other party.
Direction 28 l
There shall be no deliberate interruption of the internet connectivity.
Direction 29 a
Advocates or Litigants shall upload all Pleadings and documents necessary for the conduct of the hearing to the E-filing portal and shall display using the share function in the video app.
Direction 29 b
All witnesses shall have in their possession all exhibits and documents before the virtual hearing.
Direction 29 c
The Court shall issue directions where needed for production of physical exhibits.
Direction 30 a
Virtual proceedings shall be recorded by the Court.
Direction 30 b
Recording of proceedings by counsel and /or parties shall be with the leave of the court.
Direction 30 c
The transcripts of the virtual Court session shall constitute the official record of the Court.
Direction 30 d
Certified true copy of the transcripts of the virtual proceedings shall be made available upon application and payment of the requisite court fees.
Direction 31 a
The Court shall fix the timelines for oral submissions by each party; and the parties shall adhere to the prescribed timelines.
Direction 31 b
The Court shall issue directions on filing of written submissions prescribing;
Direction 31 b i
The timelines for the filing of submissions
Direction 31 b ii
Number of pages / bytes
Direction 31 b iii
In any event submissions shall not exceed 10 pages unless the Judge certifies the matter as complex and parties are granted leave to file lengthy submissions
Direction 31 b iv
Format.
Direction 31 b iv bullet 1
Sub-headings, on the specific issues being addressed.
Direction 31 b iv bullet 2
Numbered paragraphs.
Direction 31 b iv bullet 3
Underline and/or make bold Citations from authorities, books and literatures.
Direction 31 b iv bullet 4
Background/chronology of relevant events.
Direction 31 b iv bullet 5
Cited authorities specifying the ratio decidendi, relevance and applicability to the matter.
Direction 31 b v
The Court may where appropriate direct that parties highlight filed submissions.
Direction 31 b vi
Authorities accompanying submissions shall:
Direction 31 b vi bullet 1
Give the full citation of the case law and file all cited cases in soft-copy thereof.
Direction 31 b vi bullet 2
Where a party seeks to rely on the Constitution, Statutes, or other legal instruments, such as Treaties, Protocols and Conventions, parties shall give the full citation, as well as an excerpt of the relevant provision(s).
Direction 31 b vi bullet 3
To assist the Court, the bundle of authorities shall be indexed, bound, paginated and flagged.
Direction 31 b vi bullet 4
The bundle of authorities shall be numerically paginated, and chronologically arranged, in accordance with the list of authorities.
Direction 31 b vi bullet 5
The Advocates shall also prepare and file the Digest of the cited case law.
Direction 32 a
A Case Management System shall be deployed and implemented to deal with part-heard matters.
Direction 32 b
Where a Judge is transferred, pending matters shall be brought up for mention before the Presiding Judge for directions.
Direction 32 c
A list of pending part-heard matters shall be sent to the Principal Judge of the Court upon transfer of a Judge.
Direction 33 a
A Judge shall be at liberty to render the Judgment immediately after the conclusion of the hearing or on a date to be reserved
Direction 33 b
The Court shall notify the Advocate and Parties acting in person of the date reserved for the delivery of Judgments and Rulings.
Direction 33 c
Judgments and Rulings shall be delivered either virtually or physically in Court.
Court notice 5
Link

Court
Environment and Land Court
Recipient
Principal Judge of the Court (Receives a list of pending Judgments and Rulings upon transfer of a Judge.)
Procedural officer
Deputy Registrar (Receives a copy of the pending Judgments and Rulings list and handles taxation of costs.), Court Administrator (Media identify themselves to the Court Administrator before entry.)
Registry
Court Registry (All correspondences relating to matters before Court shall be filed here.)
Body
Judiciary (Provides the portal and complaints handling mechanisms.)
Information channel
Kenya Law Reports
Issuing authority
Chief Justice and President of the Supreme Court of Kenya
Practice direction 33 d
(d) The Court shall issue notices to Advocates/Parties of delivery of ready Judgments by the transferred Judge.
Practice direction 33 e
(e) A list of pending Judgments and Rulings shall be sent to the Principal Judge of the Court, with a copy to the Deputy Registrar, upon transfer of a Judge.
Practice direction 34 a
34. (a) Orders on Applications under Certificate of Urgency shall at the first instance be issued by the Judge at once or as soon as reasonably practicable.
Practice direction 35
35. For efficient service delivery the Environment and Land Court shall adopt active management of the Court’s execution processes.
Practice direction 36 a
36. (a) Where a party has filed a Bill of costs, the file shall be placed before the Deputy Registrar for directions on taxation of costs.
Practice direction 36 b
(b) Upon delivery of a ruling on taxation of a Bill of costs, the Deputy Registrar shall issue a Certificate of taxed costs upon application and payment of requisite fees.
Practice direction 37 a
37. (a) Parties in a case file shall have access to Court documents subject to the following:
Practice direction 37 a i
(i) Parties desirous of perusing physical court files, other than before the Judge, shall make an application in writing to the Court.
Practice direction 37 a ii
(ii) Advocates and litigants shall have access to the court information electronically.
Practice direction 37 b
(b) Media shall have access to Court information provided there are no Orders or directions limiting access of information on the specific case subject to:
Practice direction 37 b i
(i) The Media identifying themselves to the Court Administrator before entry to the Court offices, Registries and Courts.
Practice direction 37 b ii
(ii) Obtaining prior permission from the Judge hearing the matter to public sessions, photographing, sound recording and filming sessions.
Practice direction 37 c
(c) Information to the general public may be released through any or the following channels depending on the nature of the information;
Practice direction 37 c i
(i) Gazette Notice;
Practice direction 37 c ii
(ii) Kenya Law Reports;
Practice direction 37 c iii
(iii) Print Media;
Practice direction 37 c iv
(iv) Broadcast;
Practice direction 37 c v
(v) Official Social Media platform;
Practice direction 37 c vi
(vi) Posters, Notices and Banners; and
Practice direction 37 c vii
(vii) Official Contacts shall be available in the Judiciary portal, Customer Care Centers.
Practice direction 38 a
38. (a) All correspondences relating to matters before Court shall be filed in the Court Registry.
Practice direction 38 b
(b) Complaints shall be handled through the Judiciary complaints handling mechanisms.
Practice direction 38 c
(c) Parties aggrieved with Judicial decision shall seek redress through the appellate process.
Practice direction 39 a
39. (a) It is the duty of every Advocate and Party to adhere to these Practice Directions or any other directions, or orders that the Court may issue.
Practice direction 39 b
(b) The Court may impose sanctions where necessary in the event of noncompliance with these Practice Directions.
Practice direction 39 c
(c) Upon non-compliance with these Practice Directions, Orders or other directions issued by a Judge, the Court may issue sanctions including but not limited to imposition of costs, fines, striking out of pleadings, the dismissal of a suit and/or meting out punishment prescribed in the Environment and Land Court Act and the Rules thereunder.
Practice direction 40
40. The Chief Justice may amend these practice directions from time to time.
Revocation 6
Link

Issuing authority
Chief Justice and President of the Supreme Court of Kenya
Court
Environment and Land Court
Practice direction 41
41. These Practice Directions supersede the Practice Directions dated 25 July 2014 contained in Gazette Notice No. 5178.
Superseded notice
Gazette Notice No. 5178
Superseded directions date
25 July 2014

Everyone named

Court 2	Environment and Land Court of Kenya · Environment and Land Court
Signed by	Martha K. Koome, Chief Justice and President of the Supreme Court of Kenya
Bodies 3	E-Support Centre · Judiciary · Law Society of Kenya
Issuing authorities 2	Chief Justice of the Republic of Kenya · Principal Judge of Environment and Land Court
Registries 2	Registry · Court Registry
Information channel	Kenya Law Reports
Also named 7	Court · Deputy Registrar · Judge · Presiding Judge · Principal Judge of the Court · Court Administrator · Supreme Court of Kenya
Law 5	Constitution of Kenya · Environment and Land Court Act · Judicial Service Act · Judicature Act · Civil Procedure Act

Pages for private people, including the deceased and petitioners, are public, but we ask search engines not to list them.

Corrections 0

Corrected by: No corrigendum in the issues we hold.
Cites: Court Fees Schedule, CTS Manual, User Guidelines, Civil Procedure Rules, Environment and Land Court Act, Order 11 of the Civil Procedure Rules, 2010, Direction 15 above
Replaces: Gazette Notice No. 5178 of 2014 (no page yet)

Cite

Kenya Gazette Notice No. 3461 of 2025, Vol. CXXVII No. 58, 21 March 2025, p. 1206.

Permalink funua.com/notices/2025/3461/.

About this data

Source: Official PDF of Vol. CXXVII No. 58, from Kenya Law
Extracted by: AI models
Model audit: An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.
Review flag: None on this notice

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Filed under: Legislation, 2025 · March 2025 · Environment and Land Court of Kenya · Environment and Land Court · Vol. CXXVII No. 58

Gazette Notice No. 3461 of 2025

Items 6

Legislation notice 1

Court notice 2

Court notice 3

Court notice 4

Court notice 5

Revocation 6

Everyone named

Corrections 0

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About this data