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ELCOtherELC No. 587 of 2012 (Nyeri)· [2016] KEELC 781 (KLR)

Kennedy Kimani Ndarwa v Methi & Swani Farmers Cooperative Society Limited & another [2016] KEELC 781 (KLR)

Environment and Land Court
9 June 2016
LWL N Waithaka
2,222 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Cooperative Tribunal cannot decide land ownership disputes; the Environment and Land Court has exclusive power over land title cases, even involving cooperative societies.

What this practically means

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Executive summary

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The plaintiff, claiming to have purchased shares in the 1st defendant cooperative society through a member and to have been allotted the suit property Mitubiri/Wempa/14, sued for cancellation of the society's entries transferring the property to the 2nd defendant, cancellation of the 2nd defendant's registration, and a declaration that he is the owner. The 1st defendant denied that the plaintiff was its member and raised a preliminary objection dated 19th June 2015 contending that the Environment and Land Court lacked jurisdiction because disputes between a cooperative society and its members fall under the Cooperative Tribunal established under the Cooperative Societies Act, Cap 490. The objection was disposed of by written submissions. The court noted that High Court authority was divided on whether the Tribunal has jurisdiction over land disputes. Persuaded by Maraga J's reasoning in Toratio Nyangau v Lietego FCS, the court held that settlement of land disputes is not a 'business' of a cooperative society within section 76 of Cap 490, and that power to cancel title to land under section 80 of the Land Registration Act is vested in the Environment and Land Court. The preliminary objection was therefore dismissed with costs to the plaintiff. The ruling determined only the objection; the substantive suit remains to be heard.

Key legal issues

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01

Jurisdiction of the Cooperative Tribunal over land disputes involving members of a cooperative society

Holding

The Cooperative Tribunal has no jurisdiction to determine land ownership disputes; such disputes fall within the jurisdiction of the Environment and Land Court.

Reasoning

The court surveyed conflicting High Court authorities on whether section 76 of the Cooperative Societies Act covers land disputes. Adopting Maraga J's reasoning, it held that resolving land disputes is not a 'business' of a cooperative society. Further, cancellation of title is a statutory power of the Environment and Land Court under sections 80 and 2 of the Land Registration Act, which a society or the Tribunal does not possess.

p. 4
02

Whether the plaintiff's principal prayer for cancellation of title can be granted by any forum other than the Environment and Land Court

Holding

Only the Environment and Land Court can order cancellation of registration of land.

Reasoning

Counsel for the plaintiff relied on Article 162(2)(b) of the Constitution and section 13(2) of the Environment and Land Court Act, 2011 to argue that the prayer for cancellation of title lies only in the Environment and Land Court. The court accepted this, noting that section 80 of the Land Registration Act defines 'Court' as the Environment and Land Court for rectification of the register.

p. 4

Legal principles established

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  • The business of a cooperative society under section 76 of the Cooperative Societies Act does not include settlement of land disputes among the society's members or between the society, its members and third parties.
  • Power to cancel or rectify title to land under section 80 of the Land Registration Act is donated to the Environment and Land Court, not the Cooperative Tribunal.

Court orders

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  1. 1.Dismissal of the 1st defendant's notice of preliminary objection dated 19th June 2015
  2. 2.Costs of the preliminary objection awarded to the plaintiff/respondent
Jurisdiction invoked
Article 162(2)(b) of the Constitution and the Environment and Land Court Act, 2011; Section 76 of the Cooperative Societies Act, Cap 490 considered

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kennedy Kimani Ndarwa v Methi & Swani Farmers Cooperative Society Limited & another [2016] KEELC 781 (KLR)", Case Analysis (2016). ELC No. 587 of 2012 (Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/781/eng@2016-06-09

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