Republic v Chairman Kakamega North Land Disputes Tribunal ; Antony Mutali & Sofia Achesa Mutali( Interested Parties) (Environment and Land Judicial Review Appeal 10 of 2017) [2019] KEELC 581 (KLR)
The bottom line
#Kenya's Environment and Land Court quashed a Land Disputes Tribunal's decision because tribunals cannot decide who owns land—only courts can determine title.
What this practically means
#Executive summary
#Key legal issues
#Whether the tribunal had jurisdiction over a dispute as to title to land
The tribunal acted without jurisdiction; its award ordering cancellation of title deeds and transfer of land went beyond the matters it was empowered to determine under section 3 of the Land Disputes Tribunal Act.
Section 3(1) of the Land Disputes Tribunal Act limited tribunals to civil disputes concerning division or determination of boundaries to land, claims to occupy or work land, and trespass to land. On perusing the tribunal's proceedings and verdict, the court found the dispute was one of ownership of land, with the award directing degazettement of title deeds, cancellation and transfer of land parcels. Such orders relating to title exceeded the statutory jurisdiction, making the decision ultra vires and a nullity.
Whether certiorari and prohibition should issue
The application had merit and both orders issued, quashing the tribunal's decision and barring the magistrate's court from enforcing the award.
Having found illegality in the form of action without jurisdiction and ultra vires conduct, and the ex parte applicants having established the grounds on their statement of facts and verifying affidavit, the court exercised its discretion to grant the prerogative orders of certiorari to quash the proceedings and decision, and prohibition to prevent the Butali Resident Magistrate's Court from adopting/enforcing the award in Award No. 29 of 2011.
Legal principles established
#- A Land Disputes Tribunal has no jurisdiction to determine disputes as to title to or ownership of land; exceeding that jurisdiction renders its decision ultra vires.
- The jurisdiction of Land Disputes Tribunals under section 3 of the Land Disputes Tribunal Act was limited to civil disputes over boundaries, occupation or working of land, and trespass.
- Judicial review is concerned with the decision-making process, not the merits of the decision, and its grant is discretionary.
- A applicant for judicial review must show illegality, irrationality or procedural impropriety.
Court orders
#- 1.An order of certiorari to remove into the court and quash the Kakamega North Land Disputes Tribunal case No. 33 of 2007 proceedings and decision dated 28th November 2011 concerning land parcel L.R. Malava/2840 & 2841
- 2.A prohibition order prohibiting the tribunal and the Butali Resident Magistrate's Court in Award No. 29 of 2011 from enforcing the decision or adjudicating over the same subject matter
- 3.Costs of the application to the ex parte applicants
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules, 2010 and Part VI of the Law Reform Act, Cap 26
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman Kakamega North Land Disputes Tribunal ; Antony Mutali & Sofia Achesa Mutali( Interested Parties) (Environment and Land Judicial Review Appeal 10 of 2017) [2019] KEELC 581 (KLR)", Case Analysis (2019). ELC JR. No. 10 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/581/eng@2019-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.