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ELCAllowedJudicial Review No. 33 of 2010 (Meru CMCC LDT No. 33 of 2010)· [2018] KEELC 2680 (KLR)

Republic v Chairman Meru Central District Land Dispute Tribunal & another Exparte Solomon Matumbi Isaiah [2018] KEELC 2680 (KLR)

High Court of Kenya
28 June 2018
JKJ.G. Kemei
1,011 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 quashed a Land Disputes Tribunal award that divided registered land, confirming tribunals cannot decide land ownership questions.

What this practically means

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Executive summary

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The Exparte Applicant, registered owner of land parcel Ntima/Ntakira/2958, obtained leave on 7.9.2011 to seek certiorari to quash an award dated 22.6.2011 of the Meru Land Disputes Tribunal in LDT No 46 of 2010, adopted as a court order in Meru CMCC LDT No 33 of 2010. The Tribunal's award directed that the Interested Party, the Applicant's son, be given half an acre of the suit land, with the balance shared between the Applicant, his wife and other children. The Applicant contended the Tribunal lacked power to determine claims to title in registered land. The Interested Party, who is the Applicant's biological son, opposed, describing the suit land as ancestral land and asserting the Applicant had refused to transfer a portion to him. The court framed a single issue: whether the Tribunal had power to determine a claim in interest or title in the suit land. Relying on section 3 of the Land Disputes Tribunal Act, 1990, which confined tribunals to disputes over boundaries, occupation or working of land and trespass, the court held the award dealt with title, outside the Tribunal's jurisdiction. Citing Samuel Kamau Macharia, Jonathan Amunavi, Sir Ali Bin Salim and Macfoy, the court found the award ultra vires and a nullity, allowed the Notice of Motion, quashed the award by certiorari, and awarded costs to the Exparte Applicant.

Key legal issues

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01

Whether the Meru Land Disputes Tribunal had jurisdiction to determine a claim to title in land

Holding

The Tribunal acted outside its statutory jurisdiction by awarding portions of registered land, and its award was a nullity

Reasoning

Section 3 of the Land Disputes Tribunal Act, 1990 confined tribunals to disputes over division/boundaries, claims to occupy or work land, and trespass. The Tribunal's award gave the Interested Party 0.5 acres and allocated the balance to family members, thereby dealing with title to registered land. Determining title exceeds that jurisdiction; a court or tribunal cannot arrogate to itself jurisdiction not conferred by law, and such a decision is ultra vires and a nullity.

p. 2

Legal principles established

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  • A tribunal's jurisdiction flows only from the Constitution or legislation, and a decision made without jurisdiction is a nullity
  • Where an act is a nullity it is void and incurably bad, and need not be set aside by a court, though declaration may be convenient

Court orders

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  1. 1.The Notice of Motion be and is hereby allowed
  2. 2.An order of certiorari to quash the award dated 22.6.2011 made by Meru Land Disputes Tribunal in LDT No 46 of 2010
  3. 3.Costs of the application in favour of the Exparte Applicant
Jurisdiction invoked
Judicial review jurisdiction of the High Court under the Law Reform Act (leave granted on 7.9.2011 for orders of certiorari)

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 Chairman Meru Central District Land Dispute Tribunal & another Exparte Solomon Matumbi Isaiah [2018] KEELC 2680 (KLR)", Case Analysis (2018). Judicial Review No. 33 of 2010 (Meru CMCC LDT No. 33 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2680/eng@2018-06-28

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