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Court of AppealDismissedCivil Application No. 65 of 2014· [2015] KECA 12 (KLR)

Florence Nyaboke Machani v Mogere Amosiombui & 2 others

Court of Appeal of Kenya
25 February 2015
David Kenani MaragaD.K. MaragaFAF. AzangalalaSKS. ole Kantai
970 words in judgment
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The bottom line

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The Court of Appeal refused to let a land dispute reach the Supreme Court, ruling that settled questions about Land Disputes Tribunals' powers are not matters of general public importance.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Kisumu (Maraga, Azangalala and ole Kantai, JJA) on an application under Article 163(4)(b) of the Constitution for certification to appeal to the Supreme Court against the Court of Appeal's own judgment of 19th September 2014 in Civil Appeal No. 184 of 2011. The applicant, widow and legal representative of the late Naftal Machani Amosi, sought to challenge decisions of the Borabu Land Disputes Tribunal ordering transfer of 50 acres out of the suit land to two of the deceased's brothers. Her suit seeking a declaration that neither brother was entitled to any portion of the land was dismissed by the High Court on the basis that she should have appealed under the Land Disputes Tribunal Act or sought judicial review, and her appeal to the Court of Appeal was likewise dismissed. In seeking certification, she argued that the question whether the Tribunals established under the repealed Act had jurisdiction to determine title claims, and whether such decisions could be nullified by declaration, was a matter of general public importance affecting landowners countrywide. The Court disagreed, holding that the issue is settled by Section 3 of the Act and by numerous decisions of the High Court and the Court of Appeal, some cited by the applicant's own counsel, and therefore is not a matter of general public importance deserving the Supreme Court's further input. Following the Supreme Court's guidance in Peter Oduor Ngoge v. Hon. Francis Ole Kaparo, the Court dismissed the application with costs to the respondents.

Key legal issues

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Whether the intended appeal raised a matter of general public importance under Article 163(4)(b)

Holding

The application was dismissed; the question whether Land Disputes Tribunals had jurisdiction over title claims is settled by Section 3 of the Act and numerous decisions, so it is not a matter of general public importance deserving the Supreme Court's input.

Reasoning

The Court held that the criterion for certification is whether the appeal concerns a matter of general public importance. Here the jurisdictional question was clear from Section 3 of the repealed Land Disputes Tribunal Act and had been conclusively resolved in numerous decisions of the High Court and the Court of Appeal, some of which the applicant's own counsel had cited. Citing the Supreme Court in Peter Oduor Ngoge, the Court held that only cardinal issues of law or jurisprudential moment deserve the Supreme Court's further input, and this was not such an issue.

p. 2

Legal principles established

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  • Under Article 163(4)(b), certification to appeal to the Supreme Court requires that the subject matter be a matter of general public importance; issues that are settled through numerous decisions of the High Court and Court of Appeal do not qualify, as only cardinal issues of law or jurisprudential moment merit the Supreme Court's input.

Court orders

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  1. 1.The application for certification to appeal to the Supreme Court is dismissed
  2. 2.Costs of the application to the respondents
On appeal from
Court of Appeal of Kenya
Civil Appeal No. 184 of 2011
Jurisdiction invoked
Article 163(4)(b) of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Florence Nyaboke Machani v Mogere Amosiombui & 2 others", Case Analysis (2015). Civil Application No. 65 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/12/eng@2015-02-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.