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ELCAllowedJudicial Review Application (Meru ELC) re: Meru Central Land Disputes Tribunal Case No. 70 of 2008· [2017] KEELC 547 (KLR)

Charles Muthuri Rugiri v Chairman Meru Central Disputes Tribunal & 2 others [2017] KEELC 547 (KLR)

Environment and Land Court
7 December 2017
LML. N. Mbugua
1,218 words in judgment
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The bottom line

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Kenya's Environment and Land Court quashed a Land Disputes Tribunal award because tribunals had no power to decide who owns registered land.

What this practically means

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Executive summary

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The ex-parte applicant sought judicial review orders of certiorari and prohibition against the decision of the Meru Central Land Disputes Tribunal in LDT Case No. 70 of 2008, delivered on 19/11/2008 and read out in PMCC LDT No. 72 of 2008. By that award the Tribunal had declared that the applicant had no right to be registered as co-proprietor of land parcel NKUENE/MITUNGUU/463, found no agreement or authority from the registered owner Joseph Magiri and no Land Control Board consent, and directed the Lands Registrar to remove the applicant's name and restore the parcel to Magiri. Leave granted by Emukule J operated as a stay of the Tribunal and magistrate court proceedings. The applicant argued, invoking Section 3(1) of the repealed Land Disputes Tribunal Act and the decision in Lydia Mwitiambi M'Munyua v Meru Central District Land Disputes Tribunal, that ownership and registration of registered land fell outside the Tribunal's statutory mandate. The interested party countered that the applicant had not shown how he became co-owner and sought dismissal. The court held that the Tribunal's proceedings and award were beyond the jurisdiction donated by statute; the Tribunal acted ultra vires and illegally, rendering its actions null and void. Certiorari issued quashing the proceedings and award, and prohibition issued restraining any dealings affecting the applicant's interest in the parcel. Since the Tribunal had been repealed and the Attorney General was not enjoined, each party was ordered to bear their own costs.

Key legal issues

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Jurisdiction of the Land Disputes Tribunal over registered land ownership disputes

Holding

The Tribunal acted ultra vires, illegally and its decision was a nullity when it purported to determine ownership and registration of land and to order removal of a registered co-proprietor

Reasoning

Section 3(1) of the repealed Land Disputes Tribunal Act limited the Tribunal to three categories of disputes: division or determination of boundaries of land including land held in common, claims to occupy or work land, and trespass to land. Determining whether the ex-parte applicant had any right to be registered as co-proprietor, and directing the Lands Registrar to write off his name and re-register the parcel in the name of Joseph Magiri, fell squarely outside those heads and beyond the jurisdiction donated by statute.

p. 3

Legal principles established

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  • Land Disputes Tribunals had no jurisdiction over claims concerning ownership, registration or cancellation of title to registered land; such awards are ultra vires and null and void

Court orders

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  1. 1.An order of CERTIORARI quashing the proceedings and the award issued by the Respondents in LDT No. 70 of 2008 dated 19/11/2008
  2. 2.An order of Prohibition against the Respondents and the Interested Party prohibiting them from any dealing with LR. NO. NKUENE/MITUNGUU/463 so as to affect the Ex-parte Applicant's right and interest in the said parcel of land
  3. 3.Each party to bear their own costs
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act (Cap 26) and Order LIII Rules 1(1), 2 and 3(1) of the Civil Procedure Rules

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, "Charles Muthuri Rugiri v Chairman Meru Central Disputes Tribunal & 2 others [2017] KEELC 547 (KLR)", Case Analysis (2017). Judicial Review Application (Meru ELC) re: Meru Central Land Disputes Tribunal Case No. 70 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/547/eng@2017-12-07

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