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ELCAllowedMurang'a South 6/2009 (Appeal from Provincial Land Disputes Appeals Tribunal award)· [2017] KEELC 1601 (KLR)

John Kamau Ndungu v Martha Nyokabi Kinuthia [2017] KEELC 1601 (KLR)

High Court of Kenya
28 September 2017
JKJ G Kemei
951 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court voided a land tribunal's decision over registered land, confirming such tribunals have no power to decide disputes involving titled property.

What this practically means

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Executive summary

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This was an appeal to the High Court at Murang'a against the award of the Central Provincial Land Disputes Appeals Committee (Provincial Land Dispute Appeals Tribunal) made on 13 July 2011 in claim No. Murang'a South 6/2009. By that award, the Appeals Committee, purporting to set aside the Murang'a South Land Disputes Tribunal's decision, awarded the respondent - the wife of the appellant's deceased brother, who occupied the suit land - the right to work part of land parcel LOC.4/MURUKA/627, registered land held in the name of the appellant John Kamau Ndungu. The appellant appealed on grounds including lack of jurisdiction, sanctity and indefeasibility of title, and failure to consider his evidence that he bought the land during demarcation. The appeal proceeded by way of written submissions and was undefended, the respondent having been served but electing not to respond. The court found it not in dispute that the subject matter was registered land and that both the District Tribunal and the Appeals Committee lacked jurisdiction. Relying on Samuel Kamau Macharia v KCB and other authorities, the court held that tribunals can only exercise jurisdiction conferred by the Constitution or written law, that Land Disputes Tribunals have no jurisdiction over registered land where title is not in question, and that by arbitrating over the matter the tribunals acted ultra vires, rendering their award a nullity ab initio. The court declared the tribunal proceedings a nullity, directed the parties to revert to the status quo ante, allowed the appeal, and ordered each party to bear their own costs.

Key legal issues

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Jurisdiction of the Land Disputes Tribunals over registered land

Holding

Both the District Tribunal and the Appeals Tribunal lacked jurisdiction to hear and determine a dispute over registered land where title was not in question; their award was ultra vires and a nullity.

Reasoning

The suit land, parcel LOC.4/MURUKA/627, was registered in the name of the appellant. Under the Land Disputes Tribunal Act No. 18 of 1990, section 3, tribunals had no power to entertain claims over land where title existed. Relying on Samuel Kamau Macharia v KCB, jurisdiction must be founded on the Constitution or written law, and tribunals cannot exceed it. By arbitrating over a matter outside their powers, the tribunals acted ultra vires, rendering their decision a nullity, and the lack of jurisdiction was fatal ab initio regardless of the nature of the award.

p. 2

Legal principles established

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  • A court or tribunal's jurisdiction flows only from the Constitution or legislation, and a tribunal cannot arrogate to itself jurisdiction exceeding that conferred by law; an award made without jurisdiction is a nullity.
  • Land Disputes Tribunals lack jurisdiction over registered land, especially where the dispute touches on title.

Court orders

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  1. 1.The proceedings at the defunct Land Disputes Tribunal in respect of this matter are declared a nullity in law
  2. 2.The parties are directed to revert to the status which obtained before the impugned proceedings were taken
  3. 3.The appeal is allowed
  4. 4.Each party to meet their costs of the appeal

Authorities

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Legislation

  • Land Disputes Tribunal Act No. 18 of 1990Section 3

Cases cited (7)

  • Mwambura Gikuru vs. John Muchunu & 4 others
    Civil Appeal No. 9 of 2009, [2014] eKLR
  • Samuel Kamau Macharia & Another vs. KCB & 20 others
    [2012] eKLR
  • Republic v. Chairman, Lurambi Land Dispute Tribunal & 2 others
    (2006) eKLR
  • Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others
    Nyeri High Court Civil Suit No. 206 of 1999
  • Wachira Wambugu Case
  • Julius Mburu Mbuthia case
  • Vincent Kipsongok Rotich v. Orphah Jelangat Ngelechei
    (2014) eKLR
On appeal from
Central Provincial Land Disputes Appeals Committee (Provincial Land Dispute Appeals Tribunal)
Murang'a South 6/2009
Jurisdiction invoked
Appeal from the Provincial Land Disputes Appeals Tribunal under the 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, "John Kamau Ndungu v Martha Nyokabi Kinuthia [2017] KEELC 1601 (KLR)", Case Analysis (2017). Murang'a South 6/2009 (Appeal from Provincial Land Disputes Appeals Tribunal award). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1601/eng@2017-09-22

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