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ELCAllowedJudicial Review (Notice of Motion dated 20th June 2016)· [2017] KEELC 3613 (KLR)

Republic v Maragua Land Disputes Tribunal & 3 others ex parte John Karanja Muchoki [2017] KEELC 3613 (KLR)

High Court of Kenya
17 January 2017
LWL N Waithaka
1,487 words in judgment
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The bottom line

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The High Court in Nyeri quashed a Land Disputes Tribunal's decision to share a man's registered land, confirming tribunals cannot decide land ownership.

What this practically means

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Executive summary

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The ex parte applicant, John Karanja Muchoki, sought an order of certiorari to quash the decision of the Maragua Land Disputes Tribunal made on 27th May 2009 and adopted as a judgment of the Principal Magistrate's Court at Murang'a on 22nd April 2016. The Tribunal had ordered that his land parcel No. Loc.6/Gikarangu/3634 be shared with the 3rd and 4th respondents, and the applicant contended the Tribunal lacked jurisdiction over title to registered land. The 3rd respondent opposed, arguing a delay of about seven years rendered the application time barred; the 1st and 2nd respondents did not oppose. Waithaka J framed two issues: time bar and merits. On time, applying Naomi Muthoni Muniu, the court held the six-month period runs from adoption of the award as a court judgment; the adoption occurred on 22nd April 2016 and proceedings were lodged on 7th June 2016, so the application was in time. On the merits, the court found the applicant was the registered proprietor when the Tribunal deliberated, and, following Republic v. Chairman, Lurambi Land Dispute Tribunal and Mateo Githua Ngurukie, that Land Disputes Tribunals have no power under section 3(1) of the Land Disputes Tribunals Act to determine title to registered land. Relying on Kenya National Examination Council v. Republic ex parte Gathenji, certiorari lies for decisions made without or in excess of jurisdiction. The court allowed the notice of motion as prayed on 17th January 2017.

Key legal issues

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01

Time bar - whether the judicial review application was filed out of time

Holding

The application was not time barred; the six-month period runs from the adoption of the award as a court judgment.

Reasoning

The court adopted the reasoning in Naomi Muthoni Muniu v. Attorney General that a Tribunal award is incapable of execution until adopted by the court. The award was adopted on 22nd April 2016 and proceedings instituted on 7th June 2016, within the six months provided by law.

p. 3
02

Jurisdiction of the Land Disputes Tribunal over registered land/title

Holding

The Tribunal had no jurisdiction to entertain a dispute concerning ownership of and title to registered land; its award was ultra vires.

Reasoning

The ex parte applicant was the registered proprietor of the suit land when the Tribunal deliberated. Following Republic v. Chairman, Lurambi Land Dispute Tribunal and Mateo Githua Ngurukie, tribunals under section 3(1) of the Land Disputes Tribunals Act cannot determine title to registered land. The Tribunal's order to share the land exceeded its jurisdiction and certiorari lies to quash decisions made without or in excess of jurisdiction per Kenya National Examination Council v. Republic ex parte Gathenji.

p. 3

Legal principles established

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  • A Land Disputes Tribunal has no jurisdiction to determine issues of or affecting title to registered land; any such award is ultra vires its statutory powers under section 3(1) of the Land Disputes Tribunals Act.
  • For limitation purposes, time for judicial review of a Tribunal award runs from the date the award is adopted as a judgment of the court, not from the date of the award itself.

Court orders

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  1. 1.Certiorari to remove into the High Court and quash the decision of the Maragua Land Disputes Tribunal made on 27th May 2009 and adopted by the Principal Magistrate's Court at Murang'a on 22nd April 2016

Authorities

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Legislation

  • Land Disputes Tribunals Actsection 3(1)
  • Land Disputes Tribunals Actsection 7(2)
  • Civil Procedure Actenforcement of decree

Cases cited (7)

  • Chege Macharia v. Francis Kirimira
    (2015) eKLR
  • Naomi Muthoni Muniu v. Attorney General & 4 Others
    (2014) eKLR
  • R vs. Chairman Land Disputes Tribunal, Kirinyaga District & Another Ex parte Kariuki
    [2005] 2 KLR 10
  • Republic v. Tongaren Disputes Tribunal Comprising of Basil Mukosi Makokha & 3 others
    (2008) eKLR
  • Republic v. Chairman, Lurambi Land Dispute Tribunal & 2 others
    (2006) eKLR
  • Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others
    Nyeri High Court Civil Suit No. 206 of 1999
  • Kenya National Examination Council v. Republic Ex parte Geoffrey Gathenji Njoroge and others
    Civil Appeal No. 266 of 1996
Jurisdiction invoked
Judicial review - order of certiorari pursuant to leave granted on 7th June 2016

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, "Republic v Maragua Land Disputes Tribunal & 3 others ex parte John Karanja Muchoki [2017] KEELC 3613 (KLR)", Case Analysis (2017). Judicial Review (Notice of Motion dated 20th June 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3613/eng@2017-02-17

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