Muiruri Kamau & 4 others v Titus Kinyanjui Kamau & 2 others [2017] KEELC 2993 (KLR)
The bottom line
#The Environment and Land Court dismissed a family land appeal because it challenged facts, not points of law, as Kenyan law required.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Land Disputes Tribunal
The Tribunal had jurisdiction as the claim before it was a claim to occupy or work land under section 3 of the repealed Act
The claim before the Tribunal concerned the respondents' right to occupy and work the land, which falls squarely within section 3 of the Land Disputes Tribunal Act covering claims to occupy or work land. The Tribunal therefore acted within its jurisdiction, and the Provincial Appeals Committee was properly seized of the appeal and did not err in upholding the Tribunal's verdict.
Nature of the appeal - points of law only
The appeal was improperly founded on issues of fact and law, contrary to section 8(9) of the repealed Act which permits appeals on points of law only
Section 8(9) of the Land Disputes Tribunal Act allowed appeals to the High Court only on a point of law within sixty days. The memorandum of appeal attacked the weight of evidence and the Tribunal's assessment of facts, which is not permissible. Customary law is deemed a question of fact under section 10. Had the proviso been invoked, the appeal would not have been admitted since no point of law was raised.
Relevance of precedents decided under the repealed Magistrates' Jurisdiction Act
Court of Appeal decisions rendered before the Land Disputes Tribunal Act came into force were not applicable
Counsel for the appellants relied on the Magistrates' Jurisdiction (Amendment) Act No. 14 of 1981, which had been repealed upon commencement of the Land Disputes Tribunal Act on 1 July 1993. The two Court of Appeal decisions relied upon predated that Act and were therefore not good law for this appeal, which was commenced under the Land Disputes Tribunal Act itself since repealed.
Legal principles established
#- Appeals from Land Disputes Tribunals to the High Court lie only on points of law, and customary law is treated as a question of fact
- No appeal shall be admitted to hearing by the High Court unless a Judge certifies that an issue of law (other than customary law) is involved
Court orders
#- 1.The appeal is dismissed with costs to the Respondents
- On appeal from
- Provincial Land Disputes Appeals Committee at Nyeri
- Land Appeal No. 13 of 2003
- Jurisdiction invoked
- Section 8(9) of the Land Disputes Tribunal Act No. 18 of 1990 (appeal to the High Court on a point of law)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muiruri Kamau & 4 others v Titus Kinyanjui Kamau & 2 others [2017] KEELC 2993 (KLR)", Case Analysis (2017). Civil Appeal No. 446 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2993/eng@2017-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.