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ELCAllowedJudicial Review Application (notice of motion dated 28th April 2010, following leave granted on 26th April 2010)· [2015] KEELC 175 (KLR)

Republic v Chairman Makuyu Land Disputes Tribunal, Principal Magistrate Muranga Law Courts & William Mburu Mungai Ex-parte Betha Wanjiru Mungai (Environment and Land Miscellaneous Application 6 of 2014) [2015] KEELC 175 (KLR)

High Court of Kenya
29 September 2015
1,164 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that Land Disputes Tribunals cannot decide who owns registered land — their awards on title can be quashed.

What this practically means

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Executive summary

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The ex parte applicant, Beth Wanjiru Mungai, applied for an order of certiorari to quash an award of the Makuyu Land Disputes Tribunal and the consequent proceedings in the Murang'a Principal Magistrate's Court concerning land parcel Loc 17/SabaSaba/1322. She contended that the Tribunal lacked jurisdiction because the dispute concerned registered land held under the Registered Land Act (Cap 300, now repealed), that the Tribunal had no power under section 3 of the Land Disputes Tribunals Act (No. 18 of 1990) to order sub-division of titled land, and that the award purported to revoke a confirmed grant issued to her in a succession cause. The interested party, William Mburu Mungai, opposed, asserting she held the property in trust for him and other children of the deceased, and that he had a customary law right to a share of the estate. The Attorney General's grounds of opposition for the 1st and 2nd respondents were withdrawn at the hearing. Adopting prior decisions, Waithaka J held that Land Disputes Tribunals have no power under section 3(1) to determine issues of or affecting title to land, and that certiorari lies to quash a decision made without or in excess of jurisdiction. The application was allowed in terms of prayer (1), quashing the award and consequential orders. Because the interested party genuinely believed in the Tribunal's jurisdiction, each party was directed to bear their own costs.

Key legal issues

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01

Jurisdiction of Land Disputes Tribunals over registered land

Holding

The Tribunal exceeded its powers by arbitrating on matters pertaining to title to registered land under the Registered Land Act; its award was ultra vires and void.

Reasoning

The applicant was the registered proprietor of the suit property before the Tribunal deliberated on the dispute. Adopting prior decisions, the court held that section 3(1) of the Land Disputes Tribunals Act does not confer power to determine issues of or affecting title to land, so the Tribunal acted beyond its jurisdiction and its decision was ultra vires.

p. 3
02

Entitlement to certiorari

Holding

Certiorari issues to quash a decision made without or in excess of jurisdiction; the applicant established a case for certiorari to quash the award and consequential orders.

Reasoning

Citing Kenya National Examination Council v Republic ex parte Geoffrey Gathenji Njoroge, the court applied the principle that certiorari will issue where the decision was made without or in excess of jurisdiction. Since the Tribunal had no power to hear the dispute, the applicant made out a case for certiorari to remove and quash the award and any consequential orders.

p. 3

Legal principles established

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  • Land Disputes Tribunals under section 3(1) of the Land Disputes Tribunals Act (repealed) lack jurisdiction to determine issues of or affecting title to registered land
  • An order of certiorari will issue where the impugned decision was made without or in excess of jurisdiction

Court orders

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  1. 1.An order of certiorari removing to the High Court and quashing the award of the Makuyu Land Disputes Tribunal made on 1st December 2010 in Makuyu Land Disputes case No.102 of 2009 and the proceedings in Murang'a Principal Magistrate's Court Land Disputes Tribunal Case No.8 of 2010, in terms of prayer (1)
  2. 2.Each party to bear their own costs of the application
Jurisdiction invoked
Judicial review (certiorari) under leave granted to apply for orders of certiorari; Land Disputes Tribunals Act, No. 18 of 1990

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, "Republic v Chairman Makuyu Land Disputes Tribunal, Principal Magistrate Muranga Law Courts & William Mburu Mungai Ex-parte Betha Wanjiru Mungai (Environment and Land Miscellaneous Application 6 of 2014) [2015] KEELC 175 (KLR)", Case Analysis (2015). Judicial Review Application (notice of motion dated 28th April 2010, following leave granted on 26th April 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/175/eng@2015-09-29

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