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)
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction of Land Disputes Tribunals over registered land
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.
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.
Entitlement to certiorari
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.
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.
Legal principles established
#- Land Disputes Tribunals under section 3(1) of the Land Disputes Tribunals Act (repealed) lack jurisdiction to determine issues of or affecting title to registered land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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.