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ELCAllowedJudicial Review Notice of Motion filed 13th November 2017· [2018] KEELC 2013 (KLR)
Republic v National Irrigation Board & another Exparte Anthony Munene Mbui & another [2018] KEELC 2013 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A High Court in Kenya confirmed that irrigation scheme committees cannot overturn court orders, quashing the Committee's award over a Mwea rice holding.
What this practically means
#Executive summary
#This was a first-instance judicial review motion filed on 13th November 2017 by exparte applicants, legal owners of rice holding number 1824 Mwea Section, which they acquired through a consent order of 8th November 2005 in Wanguru R.M. Miscellaneous Succession Cause No. 22 of 2005 after succeeding their late father. The Advisory Committee of the National Irrigation Board – Mwea Irrigation Settlement Scheme, at a meeting on 13th July 2016, awarded part of the same holding to the interested party, who claimed to be the deceased's wife and who had earlier failed in an attempt to review the 2005 court order. The applicants sought certiorari to quash the Committee's proceedings and award, prohibition and mandamus against the Senior Scheme Manager to stop execution and compel restoration of the holding, arguing the Committee acted ultra vires and without jurisdiction by overturning a decision of a competent court. The respondents contended the Committee acted lawfully under Section 8(a) of Cap 347 and gave both parties a fair hearing, while the interested party maintained she had been misrepresented in the succession cause. The court held that the question was not the merit of the interested party's claim but whether the Committee had jurisdiction. It found the Committee acted without jurisdiction and that its award was a nullity and void ab initio. The motion was allowed in full and the Committee's award quashed.
Key legal issues
#01
Whether the Advisory Committee acted ultra vires and without jurisdiction in overturning a court order
Holding
Yes - the Committee acted without jurisdiction; its award of 13th July 2016 was a nullity and void ab initio and was quashed
Reasoning
The court held that the issue was not the merit of the interested party's claim or her right to property under Article 40, but whether the Committee had jurisdiction. The holding in Wanguru RM Misc. Succ. Cause No. 22 of 2005 had been communicated to the General Manager and an attempted review by the interested party had failed. The Committee therefore acted ultra vires by purporting to reverse a decision of a competent court, rendering its award void.
p. 2
Legal principles established
#- A statutory committee has no jurisdiction to set aside or overrule an order of a competent court of law; any such decision is a nullity
- A decision of a competent court of law cannot be subjected to proceedings before a committee
Court orders
#- 1.An order of certiorari to quash the proceedings and award of the Advisory Committee of the National Irrigation Board – Mwea Irrigation Settlement Scheme made on 13th July 2016 in respect of rice holding number 1824 Mwea Section
- 2.An order of prohibition restraining the Senior Scheme Manager from executing or proceeding with execution of the said award
- 3.A declaration that any execution of the award is null and void and an order of mandamus compelling the Senior Scheme Manager to restore the entire rice holding in the name of the exparte applicants as per the court order of 8th November 2005 in Wanguru R.M. Misc. Succ. Cause No. 22 of 2005 and in compliance with the Irrigation (National Irrigation Scheme) Regulations
- Jurisdiction invoked
- Judicial review jurisdiction under the law relating to judicial review (orders of certiorari, prohibition and mandamus); Irrigation Act Cap 347 and the Irrigation (National Irrigation Scheme) Regulations 1977 made pursuant to Section 27 thereof
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Irrigation Board & another Exparte Anthony Munene Mbui & another [2018] KEELC 2013 (KLR)", Case Analysis (2018). Judicial Review Notice of Motion filed 13th November 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2013/eng@2018-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.