Muranda v Wabuko (Civil Appeal 44 of 2006) [2008] KECA 325 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed it cannot hear appeals from Land Disputes Tribunal cases because no law grants it that power, so the appeal was struck out.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court of Appeal has jurisdiction to hear an appeal arising from proceedings under the Land Disputes Tribunals Act, given that the Act provides no right of appeal to the Court of Appeal
Key legal issues
#Whether the Court of Appeal had jurisdiction over an appeal originating from proceedings under the Land Disputes Tribunals Act
The Court had no jurisdiction because the Land Disputes Tribunals Act makes the Appeals Committee's decision final on questions of fact and provides only a limited appeal to the High Court on points of law, with no further appeal to the Court of Appeal.
Section 64(1) of the former Constitution establishes the Court of Appeal with jurisdiction over appeals from the High Court only as conferred by law, and section 3(1) of the Appellate Jurisdiction Act likewise limits the Court's jurisdiction to appeals lying under any law. The appeal to the High Court was brought under the Land Disputes Tribunals Act, which contains no provision permitting an appeal to the Court of Appeal. The use of Civil Procedure Rules in the High Court did not convert the appeal into one under the Civil Procedure Act. Accordingly the appeal was incompetent and had to be struck out.
Effect of non-compliance with Khamoni, J's order of 11th February 2003
Upon the appellant's failure to comply within thirty days, the appeal already filed and admitted stood dismissed by operation of the order; there was therefore no pending appeal for Kariuki, J to dismiss on 11th March 2004.
Khamoni, J's order directed the appellant to serve specified documents within thirty days, failing which the appeal already filed and admitted by Waweru, J would be deemed not admitted and stand dismissed. The appellant did not comply, so the appeal stood dismissed automatically after thirty days. Kariuki, J erred in treating the matter as a pending appeal to be dismissed and in finding that liberty to apply had been granted when no such liberty appeared in the order. Nonetheless, the resulting position - no pending appeal in the High Court - was before the Court of Appeal only for the jurisdictional question.
Legal principles established
#- The Court of Appeal has jurisdiction to hear appeals from the High Court only where such appeal lies under a law; where no statute confers a right of appeal, the Court has no jurisdiction and must strike out the appeal.
- A court without jurisdiction must cease to entertain the matter forthwith.
- An appeal to the High Court under the Land Disputes Tribunals Act lies only on points of law (excluding customary law), and no appeal lies from the High Court's decision on such an appeal to the Court of Appeal.
Court orders
#- 1.The appeal before the Court of Appeal was struck out as incompetent
- 2.Costs of the appeal were awarded to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kakamega
- Not stated in the judgment
- Jurisdiction invoked
- Section 64(1) of the (former) Constitution and section 3(1) of the Appellate Jurisdiction Act (Cap 9) - jurisdiction to hear appeals from the High Court only where conferred by law; the Land Disputes Tribunals Act confers no such right of appeal
Relief refused
#The appellant's appeal to the Court of Appeal against the High Court ruling refusing review
The Court of Appeal lacked jurisdiction because the Land Disputes Tribunals Act, under which the appeal to the High Court was brought, provides no right of appeal to the Court of Appeal
Costs
The appeal was struck out with the costs thereof to the respondent.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Before embarking on the hearing of any matter, every court must be satisfied that it has the jurisdiction i.e. the legal power or authority to hear the matter.
The Court of Appeal shall have jurisdiction to hear and determine appeals from the High Court in cases in which an appeal lies to the Court of Appeal Under Any Law.
We think we have no jurisdiction to hear the appeal under the Act, and that being so, we must down our tools.
Accordingly the appeal before us is and has always been incompetent and we order that it be and is hereby struck out with the costs thereof to the respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muranda v Wabuko (Civil Appeal 44 of 2006) [2008] KECA 325 (KLR)", Case Analysis (2008). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2008/325/eng@2008-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.