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ELCAllowedMuranga North 4/2008 (appeal against award of Central Provincial Land Disputes Appeals Committee)· [2016] KEELC 892 (KLR)

James Karuku Kireru v Lucy Gathoni Kireru [2016] KEELC 892 (KLR)

High Court of Kenya
17 May 2016
LWL N Waithaka
2,331 words in judgment
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The bottom line

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Kenya's High Court voided a land tribunal's order to subdivide registered land because tribunals had no power over title disputes.

What this practically means

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Executive summary

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The appellant, James Karuku Kireru, appealed against an award of the Central Provincial Land Disputes Appeals Committee made on 5th August 2011 in claim No. Muranga North 4/2008, which upheld an earlier Mathioya (District) Tribunal award directing him to subdivide registered land, Loc.14/Kairo/2218, and transfer 1.5 acres to his sister, the respondent, Lucy Gathoni Kireru. The appellant contended that the tribunals had no jurisdiction over a dispute concerning registered land and that the Appeals Committee failed to give reasons as required by section 8(7) of the repealed Land Disputes Tribunal Act. The respondent relied on section 3(1)(b) of the Act and the Susan Nyambura Wahome decision, contending the claim was one to occupy or work land. The court framed five issues, principal among them the jurisdiction of the tribunals. Holding that the subject matter was registered land and that both tribunals lacked jurisdiction, the court applied Samuel Kamau Macharia on jurisdiction flowing only from the Constitution or legislation and followed Republic v Chairman, Lurambi Land Dispute Tribunal, holding that tribunals ordering subdivision and transfer of registered land acted ultra vires and that their decision was a nullity. The court declared the proceedings before the defunct tribunals a nullity, directed the parties to revert to the status quo ante, and, as a family dispute, ordered each party to bear its own costs. Judgment delivered at Nyeri on 17th May 2016 by L N Waithaka J.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunals over registered land

Holding

Both the District Tribunal and the Appeals Committee lacked jurisdiction because the dispute concerned registered land, Loc.14/Kairo/2218; their award ordering subdivision and transfer exceeded their statutory powers and was ultra vires and a nullity.

Reasoning

The dispute before the tribunals concerned a demand for a share of a registered parcel of land and resulted in an award of subdivision and transfer of 1.5 acres. Under section 3(1) of the repealed Land Disputes Tribunal Act, tribunals could only determine boundary disputes, claims to occupy or work land, and trespass. Ordering subdivision and transfer of registered land affected title, which was beyond the tribunal's statutory mandate, rendering the proceedings ultra vires and void.

p. 4
02

Consequences of a tribunal acting without jurisdiction

Holding

A decision made by a tribunal without jurisdiction is a nullity in law and cannot stand.

Reasoning

Relying on Samuel Kamau Macharia v Kenya Commercial Bank, the court held that jurisdiction cannot be assumed beyond what the Constitution or written law confers. By arbitrating over a matter they had no power to arbitrate, the tribunals acted ultra vires. Citing Republic v Chairman, Lurambi Land Dispute Tribunal, such a decision is a nullity, and proceedings determined by an incompetent tribunal cannot found a plea of res judicata.

p. 5

Legal principles established

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  • A tribunal's jurisdiction flows only from the Constitution or legislation, and a decision made in excess of jurisdiction is a nullity.
  • Land Disputes Tribunals had no jurisdiction to determine disputes concerning registered land or title to land.

Court orders

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  1. 1.Declaration that the proceedings before the defunct land disputes tribunals were a nullity in law
  2. 2.Direction that the parties revert to the status which obtained before the impugned proceedings
  3. 3.Each party to bear its own costs

Authorities

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Legislation

  • Land Disputes Tribunal ActSection 3(1), 3(1)(b), 8(7)

Cases cited (5)

  • Susan Nyambura Wahome & 4 others v. Central Province Land Disputes Appeals' Committee
    Nyeri Civil Appeal No. 195 of 2009 (unreported)
  • Republic v. Chairman, Lurambi Land Dispute Tribunal & 2 others
    (2006) eKLR
  • Samuel Kamau Macharia & Another v. Kenya Commercial Bank & 2 others
    (2012) eKLR
  • Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others
    Nyeri High Court Civil Suit No. 206 of 1999
  • Vincent Kipsongok Rotich v. Orphah Jelangat Ngelechei
    (2014) eKLR
On appeal from
Central Provincial Land Disputes Appeals Committee
Muranga North 4/2008
Jurisdiction invoked
Appeal against an award of the Land Disputes Appeals Committee under the repealed Land Disputes Tribunal 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, "James Karuku Kireru v Lucy Gathoni Kireru [2016] KEELC 892 (KLR)", Case Analysis (2016). Muranga North 4/2008 (appeal against award of Central Provincial Land Disputes Appeals Committee). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/892/eng@2016-05-17

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