Peterson Macharia Muthami v Hannah Nyambura Githenya [2017] KEELC 3603 (KLR)
The bottom line
#Kenya's High Court confirmed that Land Dispute Tribunals cannot decide who owns registered land, so their awards on title are void.
What this practically means
#Executive summary
#Key legal issues
#Time bar of the appeal
The appeal was not incompetent for being filed out of time; the appeal period ran from the reading of the judgment adopting the award
Although Section 8(1) required appeals within 30 days of the Tribunal's decision, the court took judicial notice of the practice whereby parties were notified of their right of appeal after judgment was read and adopted. Following Chege Macharia v. Francis Kimani Kirimira, the right of appeal accrues after the judgment is read, not after the date of the award. The time-bar objection was overruled.
Jurisdiction of the Land Dispute Tribunal over title to registered land
The Tribunal lacked jurisdiction because the dispute turned on ownership of registered land
The dispute before the Tribunal concerned ownership of the suit property, registered land, with the respondent claiming the right to eject the appellant as owner. Section 3 of the Land Dispute Tribunals Act confined Tribunals to boundary disputes, claims to occupy or work land, and trespass. Adopting Joseph Malakwen Lelei, the court held that determination of title to registered land falls outside that jurisdiction, rendering the Tribunal's award a nullity.
Legal principles established
#- Section 3 of the Land Dispute Tribunals Act (repealed) does not confer jurisdiction on Land Dispute Tribunals to determine title to or ownership of registered land
- The right of appeal from a Tribunal award accrues after the judgment is read and adopted, not after the date of the award
Court orders
#- 1.Overruling the objection that the appeal was filed out of time
- 2.Allowing the appeal as prayed
- On appeal from
- Land Dispute Appeals Tribunal (from Kieni East Land Dispute Tribunal award adopted by the magistrates' court)
- Not stated
- Jurisdiction invoked
- Appeal under Section 8 of the Land Disputes Tribunals Act (repealed)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peterson Macharia Muthami v Hannah Nyambura Githenya [2017] KEELC 3603 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3603/eng@2017-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.