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ELCAllowedJudicial Review Case (Tribunal Case No. 29 of 2007 referred to)· [2016] KEELC 845 (KLR)
Republic v Laikipia West Rumuruti Division Land Disputes Tribunal & another Ex-parte Mary Njeri Kabuki & another [2016] KEELC 845 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Kenyan court quashed a Land Disputes Tribunal's award because the Tribunal had no power to decide who owns registered land, especially against a deceased person.
What this practically means
#Executive summary
#This was a judicial review motion seeking an order of certiorari to quash the proceedings and award of the Laikipia West Rumuruti Division Land Disputes Tribunal in Tribunal Case No. 29 of 2008, delivered on 21 August 2008. The award declared that land parcel Marmanet/North Rumuruti Block 2/287 (Ndurumo) belonged to Peter Kimani Njenga and not to Josphat Kabuki Mwangi (deceased), and directed the ex-parte applicants to transfer the land to the Interested Party. The Interested Party, who was the claimant before the Tribunal, opposed the motion, asserting he had purchased the land in 1988 and that the deceased had fraudulently procured the title. He maintained the 2nd ex-parte applicant had told him he was administrator of the deceased's estate and had participated in the proceedings. The court found the dispute was essentially over ownership of registered land, which fell outside the limited jurisdiction conferred on Land Disputes Tribunals by section 3(3) of the Land Disputes Tribunal Act, CAP 303, confined to division of land, boundaries, claims to occupy or work land, and trespass. The court further noted there was no evidence that a personal representative of the deceased respondent was present during the proceedings. The court quashed the award, advised the Interested Party to pursue other legal avenues, and awarded costs to the ex-parte applicants against the respondent only.
Key legal issues
#01
Whether the Tribunal's award was made without jurisdiction
Holding
The award was made outside the Tribunal's jurisdiction and was quashed.
Reasoning
Section 3(3) of the Land Disputes Tribunal Act, CAP 303 limited Tribunals to disputes over division of or boundaries to land, claims to occupy or work land, and trespass. The dispute before this Tribunal was over ownership of land registered in the name of a deceased person, a matter falling outside those confines. Further, the respondent named before the Tribunal was deceased with no personal representative on record, compounding the want of jurisdiction.
p. 2
Legal principles established
#- Land Disputes Tribunals had jurisdiction limited to division of land, determination of boundaries, claims to occupy or work land, and trespass to land, and had no jurisdiction over disputes on ownership of registered land.
- A Tribunal could not validly proceed to hear a dispute where the respondent was deceased and no personal representative was shown to be present.
Court orders
#- 1.Order of certiorari issued to bring into the court and quash the proceedings and award of the Laikipia West Rumuruti Division Land Disputes Tribunal in Tribunal Case No. 29 of 2007, delivered on 21 August 2008
- 2.Interested Party advised to seek other avenues for legal redress
- 3.Costs awarded to the ex-parte applicants but only against the respondent
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (certiorari) under orders of the former Constitution/Law Reform Act; dispute governed by the Land Disputes Tribunal Act, CAP 303 (now repealed by the Environment and Land Court Act, 2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Laikipia West Rumuruti Division Land Disputes Tribunal & another Ex-parte Mary Njeri Kabuki & another [2016] KEELC 845 (KLR)", Case Analysis (2016). Judicial Review Case (Tribunal Case No. 29 of 2007 referred to). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/845/eng@2016-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.