Jamin Kiombe Lidodo v Emily Jerono Kiomber & another [2013] KEELC 113 (KLR)
The bottom line
#A Kenyan court confirmed you can still sue to void a Land Disputes Tribunal decision even after the appeal and judicial review deadlines have passed.
What this practically means
#Executive summary
#Key legal issues
#Whether appeal or judicial review are the sole avenues for challenging a Land Disputes Tribunal decision
They are not; a declaratory suit is also a competent avenue.
The court reviewed two conflicting lines of authority: Dulu J in Emily Jepkemei Ngeyoni upheld a similar preliminary objection holding appeal or judicial review were the only options, while Nambuye J in Daudi Ngetich Kimibei held that once judicial review was time-barred, a declaratory suit remained available. The Court of Appeal in Robert Entwistle also held that availability of judicial review does not oust a declaratory suit. The court aligned itself with the latter line and declined to follow Emily Jepkemei Ngeyoni.
Effect of adoption of the Tribunal award as a decree of the Chief Magistrate's Court
Adoption did not extinguish the award; the award remains the foundation of the decree and can be declared void.
The 1st defendant argued, relying on Rebo Karari, that once adopted the award ceased to exist and only the decree remained, challengeable only within six months. The court rejected this, holding that the decree derives its validity from the award, so a declaration that the award is void nullifies the decree and all subsequent administrative actions founded on it. Rebo Karari was distinguished as a judicial review challenge.
Abuse of process arising from the unexecuted/unset aside decree in Eld. CMCC Award No. 58 of 2002
Not upheld; the objection fell with the rejection of the argument that the suit was barred.
The 1st defendant's preliminary objection asserted that a decree between the same parties remained in force and unchallenged, rendering the suit an abuse of process. The court held that a declaratory suit challenging the legality of the Tribunal decision underlying that decree is a proper vehicle, and it declined to delve into the merits of the jurisdiction question at the preliminary stage, leaving that for the full hearing.
Legal principles established
#- There is no statutory bar to instituting a civil suit seeking a declaration that a Land Disputes Tribunal's decision was made without jurisdiction, even where the periods for appeal and judicial review have expired.
- Adoption of a Tribunal award as a decree of the subordinate court does not extinguish the award; if the award is declared void, the decree founded on it also falls.
Court orders
#- 1.Both preliminary objections (dated 18 April 2006 by the 2nd defendant and 8 May 2010 by the 1st defendant) dismissed
- 2.Costs of the preliminary objections awarded to the plaintiff
- 3.Suit to proceed to full hearing
- Jurisdiction invoked
- Original civil jurisdiction (suit by plaint seeking declaratory orders); Environment and Land Court at Eldoret
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jamin Kiombe Lidodo v Emily Jerono Kiomber & another [2013] KEELC 113 (KLR)", Case Analysis (2013). Eldoret High Court Civil Suit (plaint filed 1 September 2005;确切 number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/113/eng@2013-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.