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ELCPartially AllowedELC No. 10 of 2014 (J.R.) (Formerly Kerugoya ELC 44 of 2013)· [2017] KEELC 1239 (KLR)

Republic v Njeru Miruri & 2 others Ex parte Robert Ireri Muchiri [2017] KEELC 1239 (KLR)

Environment and Land Court of Kenya
5 October 2017
YAY.M. Angima
993 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that Land Disputes Tribunals cannot decide who owns registered land, and any such award is quashed.

What this practically means

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Executive summary

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The ex parte applicant, Robert Ireri Muchiri, sought an order of certiorari to quash the proceedings and award in Evurore Land Disputes Tribunal Case No. 358 of 2009 and the subsequent judgment adopting it as Award No. 8 of 2010 by the Principal Magistrate's Court at Siakago, contending that the Tribunal acted in excess of jurisdiction by determining ownership of land registered under the (now repealed) Registered Land Act. The 1st respondent filed a preliminary objection challenging the competency of the application but at hearing his counsel declined to respond, conceding that it was settled that Land Disputes Tribunals lack jurisdiction over title to registered land. A member of the Tribunal swore a replying affidavit asserting the award was not genuine and his signature on it was forged. The respondents filed no affidavits in opposition. The court framed a single issue: whether the Tribunal had jurisdiction under the Land Disputes Tribunals Act, 1990 to entertain a claim on registered land. Section 3 confines Tribunals to boundary disputes, claims to occupy or work land, and trespass. The award, which required transfer of the disputed property from Mucici Girigu to the Kere clan and directed the Land Registrar to effect the transfer, plainly exceeded that mandate. The court allowed the Notice of Motion in terms of prayer 1, quashing the Tribunal proceedings and award and the Magistrate's judgment, with no order as to costs because the defaulting Tribunal was defunct.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over registered land

Holding

The Tribunal acted in excess of its jurisdiction by ordering transfer of registered land; its award and the Magistrate's adoption of it were nullities liable to be quashed.

Reasoning

Section 3 of the Land Disputes Tribunals Act, 1990 confines the Tribunals to three matters: division or determination of boundaries, claims to occupy or work land, and trespass. An award requiring transfer of registered property from one party to a clan and directing the Land Registrar to effect the transfer falls outside that mandate. An award made without jurisdiction is a nullity, and certiorari lies to quash it together with the consequential judgment of the Principal Magistrate's Court adopting it as an award.

p. 2

Legal principles established

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  • The mandate of Land Disputes Tribunals under section 3 of the Land Disputes Tribunals Act, 1990 is restricted to division/determination of boundaries, claims to occupy or work land, and trespass - not ownership of registered land.
  • A Tribunal award exceeding its statutory mandate, and all consequential orders, are liable to be set aside.

Court orders

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  1. 1.Notice of Motion dated 9 July 2010 allowed in terms of prayer No. 1 thereof
  2. 2.Orders of certiorari to remove to the High Court and quash the proceedings and award in Evurore Land Disputes Tribunal Case No. 358 of 2009 and the proceedings and judgment in Award No. 8 of 2010 in the Principal Magistrate Court at Siakago
  3. 3.No order as to costs

Authorities

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Legislation

  • Registered Land Act
  • Land Disputes Tribunals Act, 1990section 3
  • Civil Procedure RulesOrder 53

Cases cited (1)

  • Beatrice M'Marete vs Republic, District Commissioner Meru & 2 others
    Nyeri Civil Appeal No. 259 of 2000
Jurisdiction invoked
Judicial review under Order 53 of the Civil Procedure Rules (certiorari); transferred to the Environment and Land Court as ELC No. 10 of 2014 (J.R.)

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, "Republic v Njeru Miruri & 2 others Ex parte Robert Ireri Muchiri [2017] KEELC 1239 (KLR)", Case Analysis (2017). ELC No. 10 of 2014 (J.R.) (Formerly Kerugoya ELC 44 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1239/eng@2017-10-05

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