JUDGMENT OF THE COURT
This appeal turns on whether a Court that is expressly divested of jurisdiction by Constitutional and Statutory fiat in a particular matter may nonetheless, for the noblest, most salutary reasons of expeditious justice, party autonomy and consent or such other well-intentioned and pragmatic reasons, go ahead to hear and determine such a matter.
By a Plaint filed way back on 27th May 2005, Karen Enterprises Limited (the respondent) who is the registered proprietor over a parcel of land Reference 16345 (the land) within Kisumu Town, alleged that the appellants had without any colour of right whatsoever trespassed on the land some time in 2004; within a span of 3 years, the appellants had erected structures on the land; the 1st appellant had constructed a semi-permanent house from mud and stone and excavated soil from the land; the 2nd appellant similarly constructed a semi-permanent house and several others for rental purposes; and the 3rd appellant had constructed a…