Republic v Chairman Meru Central District Land Dispute Tribunal & 6 others Exparte Salacious Kaburu Kirigia & another [2018] KEELC 1365 (KLR)
The bottom line
#Kenya's High Court confirmed that Land Disputes Tribunals cannot decide who owns land, and any award they make on ownership is void.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of Land Disputes Tribunals over land ownership
The tribunal, limited under section 3 of the Land Disputes Tribunal Act to boundary disputes, claims to occupy or work land, and trespass, had no jurisdiction to determine ownership of land or cancel title deeds.
Section 3 of the Land Disputes Tribunal Act confines tribunals to civil disputes over boundaries, occupation or working of land, and trespass. By venturing into ownership and purporting to cancel registered titles, the tribunal exceeded its statutory mandate. Determining ownership is a matter reserved to the High Court. Acting without jurisdiction renders the decision ultra vires and a nullity.
Effect of adoption of a void award by the court
Adoption of a null award does not cure the nullity; the adopted award remains void.
Relying on Sir Ali Bin Salim and Macfoy, the court held that a decision rendered without jurisdiction is void ab initio, not merely voidable, and may be declared void by any court in which it is presented. Consequently, the adoption of the tribunal's award in Meru CMCC No. 43 of 2009 was itself a nullity notwithstanding the adoption.
Legal principles established
#- A tribunal can only exercise jurisdiction conferred by the Constitution or written law; a decision made without jurisdiction is a nullity
- A void act is a nullity that needs no court order to set it aside, and its nullity infects any subsequent adoption
Court orders
#- 1.The Notice of Motion be and is hereby allowed
- 2.An order of certiorari to quash the award dated 22/6/2011 made by Meru Land Disputes Tribunal in LDT No 21 of 2009
- 3.Costs of the application in favour of the Exparte Applicants
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court under the Land Disputes Tribunal Act No. 18 of 1990 and order of certiorari (leave granted 10/12/2009)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman Meru Central District Land Dispute Tribunal & 6 others Exparte Salacious Kaburu Kirigia & another [2018] KEELC 1365 (KLR)", Case Analysis (2018). Judicial Review Application (Notice of Motion filed 21/12/2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1365/eng@2018-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.