Republic v Chair Machakos District Land Tribunal & 2 others Ex-parte Paul Ndambuki Mulinge [2017] KEELC 3516 (KLR)
The bottom line
#A land tribunal cannot re-decide land ownership already settled by the Minister, but you must challenge such awards in court within six months.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the District Land Disputes Tribunal over land ownership already determined by the Minister
The Tribunal acted without jurisdiction; its award is null and void.
The ownership of parcel 371 had been raised before the Lands Committee, the Land Arbitration Board and the Minister under the Land Adjudication Act, and the Minister decided on 29th May, 1986 that the Applicant was entitled to the suit property. No appeal was lodged against that decision, so the Tribunal could not re-litigate ownership.
Availability of certiorari given the six-month time limit
Certiorari refused because leave was sought after expiry of six months from the Tribunal's award.
Although the Tribunal's decision was a nullity for want of jurisdiction, the Applicant did not move the court within the six-month period prescribed for applications for orders of certiorari, counted from the date of the award (17th May, 2006), not from its adoption by the Magistrate's Court.
Availability of prohibition
Prohibition to restrain implementation of the award should issue.
Having found that the Tribunal acted without jurisdiction and that its decision is null and void, the court held that the implementation of the impugned award ought to be prohibited even though certiorari was time-barred.
Legal principles established
#- Where the ownership of land has been determined by the Minister under the Land Adjudication Act and there is no appeal, a District Land Disputes Tribunal has no jurisdiction to re-open the issue of ownership.
- An order of certiorari cannot issue where leave to apply for it is sought more than six months after the decision sought to be quashed.
Court orders
#- 1.The Notice of Motion dated 5th March, 2008 allowed in terms of prayer number (c)
- 2.The Interested Party shall pay the costs of the suit
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (orders of certiorari and prohibition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chair Machakos District Land Tribunal & 2 others Ex-parte Paul Ndambuki Mulinge [2017] KEELC 3516 (KLR)", Case Analysis (2017). Miscellaneous Application (Notice of Motion dated 5th March, 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3516/eng@2017-03-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.