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ELCAllowedELCA No. 79 of 2014 (Formerly Nyeri HCC No. 226 of 2010)· [2017] KEELC 2021 (KLR)

George Wainaina Chege v Samson Njuguna Wakaya [2017] KEELC 2021 (KLR)

Environment and Land Court
16 August 2017
LWL N Waithaka
1,779 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed Land Disputes Tribunals had no power to decide ownership of registered land, voiding the tribunal's award.

What this practically means

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Executive summary

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This was a second-tier appeal to the Environment and Land Court at Nyeri from a Provincial Land Disputes Appeals Committee. The dispute originated before the Karuri Land Disputes Tribunal, where the respondent claimed to have bought a portion of land (later Kiambaa/Karuri/T959) from the appellant's stepbrother and erected the Hallelujah Gospel Church on it. The Tribunal ordered the plot transferred to the church. On appeal, the Provincial Appeals Committee set aside that award for want of jurisdiction under Cap 300 but nonetheless awarded the church work land measuring 0.031 Ha on the suit land. The appellant appealed to the Environment and Land Court on the ground that the Tribunals had no jurisdiction over title to registered land. The appeal was disposed of by written submissions. Waithaka J framed the sole issue as whether Tribunals under Section 4 of the Land Disputes Tribunal Act could award work land in respect of registered land. Relying on Republic v Kiambu Disputes Tribunal (Emukule J) and Joseph Malakwen Lelei, the court held that Section 3 of the repealed Act did not confer jurisdiction to determine title to or ownership of registered land, and that the dispute, which turned on entitlement to registered land, was outside the Tribunals' mandate. The appeal was allowed as prayed; no formal decretal orders or costs order were recorded.

Key legal issues

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01

Jurisdiction of Land Disputes Tribunals over title to registered land

Holding

The Tribunal and the Appeals Committee lacked jurisdiction because the dispute turned on ownership of registered land.

Reasoning

The court found it common ground that the dispute before the Tribunal concerned entitlement to registered land. Since the dispute could not be resolved without determining the parties' rights to the registered suit property, the Tribunals exceeded the narrow jurisdiction conferred by Section 3(1) of the Land Disputes Tribunal Act, which covers only boundary disputes, claims to occupy or work land, and trespass.

p. 4

Legal principles established

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  • Section 3 of the (repealed) Land Disputes Tribunals Act does not confer jurisdiction on Land Disputes Tribunals to determine title to or ownership of registered land.

Court orders

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  1. 1.The appeal is allowed as prayed
  2. 2.The decision of the Provincial Appeals Committee awarding Hallelujah Gospel Church work land on Kiambaa/Karuri/T.959 is upended, the Committee having had no jurisdiction

Authorities

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Legislation

  • Land Disputes Tribunal Act (Act No. 18 of 1990, now repealed)Section 3(1)
  • Land Disputes Tribunal Act (Act No. 18 of 1990, now repealed)Section 4
  • Land Disputes Tribunal Act (Act No. 18 of 1990, now repealed)Section 8(1)

Cases cited (5)

  • Mbugua Thiga v. Teresia Wangechi Macharia & 2 Others
    Nairobi Civil Appeal No. 460 of 2000
  • Republic v. Kiambu Disputes Tribunal & Another
    Nairobi High Court Miscellaneous Civil Application No. 1992 of 2004
  • Republic v. The Land Disputes Tribunal Naivasha District
    Nairobi Misc. Case No. 935 of 1999
  • Asman Maloba Wephukulu & Another v. Francis Wakhubi Biketi
    Kisumu Court of Appeal Civil Appeal No. 157 of 2001
  • Joseph Malakwen Lelei & Another v. Rift Valley Land Dispute Appeals Committee & 2 Others
On appeal from
Central Provincial Land Disputes Appeals Committee
Jurisdiction invoked
Appeal from a Land Disputes Appeals Committee under the Land Disputes Tribunal Act (Cap 303, Act No. 18 of 1990), now repealed

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "George Wainaina Chege v Samson Njuguna Wakaya [2017] KEELC 2021 (KLR)", Case Analysis (2017). ELCA No. 79 of 2014 (Formerly Nyeri HCC No. 226 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2021/eng@2017-08-16

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