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ELCAllowedNot stated in the judgment· [2017] KEELC 3591 (KLR)

Julius Gitau Gicharu & another v Mary Nyambura Gitau [2017] KEELC 3591 (KLR)

High Court of Kenya
31 January 2017
LWL N Waithaka
975 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 Disputes Tribunal award over registered land because Tribunals cannot decide who owns land—only courts can.

What this practically means

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Executive summary

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The respondent, Mary Nyambura Gitau, claimed before the Githunguri Land Disputes Tribunal an order for subdivision of parcel Githunguri/Lioki/554, seeking 0.53 hectares for herself and 0.51 hectares for the appellants, Julius Gitau Gicharu and Kennedy Thiong'o. The appellants, claiming under a will of their grandfather, wanted an equal sharing. The Tribunal found the land was family land, that the parties already used it on a half-half basis, and ordered subdivision 0.53 ha to the respondent and 0.51 ha jointly to the appellants. The appellants appealed to the defunct Provincial Land Disputes Appeals Tribunal on, among other grounds, want of jurisdiction; the appeal was transferred to the High Court pursuant to orders of 25th June 2013 and was disposed of by written submissions, only the respondent filing. The court framed a single issue: whether the Tribunal had jurisdiction. Adopting the Lelei decision and Ombwayo J's holding in Mateo Githua Ngurukie, the court held that section 3 of the Land Disputes Tribunals Act (repealed) does not confer jurisdiction over title or ownership of registered land under the Registered Land Act, Cap 300. Because the respondent's claim could not be determined without deciding the parties' rights to registered land, the Tribunal acted without jurisdiction, its award was null and void, and the appeal was allowed as prayed. Judgment delivered at Nyeri on 31st January 2017 by L N Waithaka J; no costs order recorded.

Key legal issues

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Whether the Land Disputes Tribunal had jurisdiction over a claim to ownership of registered land

Holding

The Tribunal lacked jurisdiction because the dispute, though framed as a claim to occupy, necessarily required determination of ownership of land registered under the Registered Land Act, Cap 300 (repealed).

Reasoning

The claimant asked the Tribunal to decree subdivision and registration of 0.53 hectares to her. Relying on the Lelei decision, section 3 of the Land Disputes Tribunals Act (repealed) confers jurisdiction only over division/boundary disputes, claims to occupy or work land, and trespass - not title or ownership of registered land. Since the claim could not be determined without deciding the parties' rights to registered land, the Tribunal acted without jurisdiction, rendering its award null and void and justifying allowance of the appeal.

p. 3

Legal principles established

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  • A Land Disputes Tribunal lacks jurisdiction to determine title or ownership of registered land; its jurisdiction under section 3 of the Land Disputes Tribunals Act extends only to boundary disputes, claims to occupy or work land, and trespass.
  • A decision made without jurisdiction is null and void.

Court orders

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  1. 1.The appeal is allowed as prayed
  2. 2.The award of the Githunguri Land Disputes Tribunal is null and void, having been made without jurisdiction
On appeal from
Provincial Land Disputes Appeals Tribunal (defunct)
Jurisdiction invoked
Appeal from the defunct Provincial Land Disputes Appeals Tribunal, transferred to the High Court pursuant to orders in the appellants' application dated 25th June, 2013

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, "Julius Gitau Gicharu & another v Mary Nyambura Gitau [2017] KEELC 3591 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3591/eng@2017-01-31

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