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ELCAllowedJudicial Review Notice of Motion dated 29th June 2015 (Meru)· [2019] KEELC 2989 (KLR)

Republic v Chairman Meru Central Land Disputes Tribunal & 2 others; Julia Kinanu Kirera & 2 others (Interested Parties) Ex parte Julius Kiriinya M’mungania [2019] KEELC 2989 (KLR)

Environment and Land Court
3 June 2019
1,267 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court cancelled land titles obtained through a tribunal that had no power to decide who owns registered land.

What this practically means

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Executive summary

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This was a first-instance judicial review application seeking an order of mandamus compelling the respondents to cancel the sub-division of L.R. No. NTIMA/NTAKIRA/384 and all resultant title deeds. The applicant contended that the registered proprietor died in 1999, yet the interested parties sued before the Meru Central Land Disputes Tribunal in 2004, obtained an award which the Chief Magistrates Court adopted, and subsequently procured transfer and title deeds over the sub-divided parcels while the original title remained in the applicant's possession. The respondents filed no response; the interested parties argued they followed due process, that the 3rd interested party obtained her parcel regularly and transferred it to the 2nd interested party for value, and that the applicant never challenged the adopted award. The court held that the tribunal proceedings were a nullity because they purported to deal with the estate of a deceased person. Further, under Section 3(1) of the repealed Land Disputes Tribunal Act No. 18 of 1990, tribunals could only determine disputes over division, boundaries, occupation or trespass, not ownership and transfer of registered land, which fell to the Environment and Land Court; the tribunal therefore exceeded its jurisdiction and its award of 23rd September 2004, and the Magistrates Court's adoption of it, were null and void. All subsequent orders and titles founded on the void award were of no legal effect. The court followed Waweru v Catholic Diocese of Muranga Registered Trustees (2003) KLR 389. The Notice of Motion amended on 5th July 2015 was allowed as prayed, with each party to bear her own costs.

Key legal issues

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01

Capacity and nullity - tribunal proceedings over a dead proprietor's land

Holding

The tribunal proceedings were a nullity because they purported to deal with the estate of a deceased person, the registered proprietor having died before the suit.

Reasoning

The registered proprietor of NTIMA/NTAKIRA/384, Mungania Kirera, died in 1999, yet the interested parties sued the applicant before the Meru Central Land Disputes Tribunal in 2004. Because the tribunal purported to deal with the estate of a deceased person, its proceedings and award were a nullity in law, incapable of founding any subsequent rights.

p. 3
02

Jurisdiction of the Land Disputes Tribunal

Holding

The tribunal, created under the repealed Land Disputes Tribunal Act No. 18 of 1990, had no jurisdiction over ownership and transfer of registered land and acted in excess of its statutory mandate.

Reasoning

Section 3(1) of the repealed Act confined tribunals to disputes over division and boundaries of land, claims to occupy or work land, and trespass. Ownership and transfer of registered land fell outside this list and vested in the Environment and Land Court. The tribunal therefore exceeded its statutory jurisdiction, and its award of 23rd September 2004 and its adoption by the Magistrates Court were null and void.

p. 3
03

Consequences of a null award

Holding

All subsequent orders founded on the void tribunal award, including the Magistrates Court adoption and the resulting transfer and title deeds, are of no legal effect.

Reasoning

Having found the award null and void, the court reasoned that everything downstream of it collapses: the orders of 28th September 2009 adopting the award, the execution of the transfer by the Executive Officer, the sub-division and the resultant titles. This grounded the grant of mandamus compelling the respondents to cancel the sub-division and resultant title deeds.

p. 3
04

Persuasive authority on tribunal jurisdiction

Holding

The court adopted the holding in Waweru v Catholic Diocese of Muranga Registered Trustees that disputes over title to land are outside the jurisdiction of tribunals and Land Disputes Appeals Committees.

Reasoning

The court cited Khamoni J's holding in Waweru, acknowledging it was from a court of concurrent jurisdiction but finding it persuasive and agreeing with it entirely. The decisions cited by counsel for the applicant were held distinguishable and irrelevant.

p. 3

Legal principles established

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  • Proceedings before a Land Disputes Tribunal touching the estate of a deceased person are a nullity in law.
  • Land Disputes Tribunals had no jurisdiction to determine disputes relating to ownership and transfer of registered land; that power vested in the Environment and Land Court.
  • An award that is null and void renders all subsequent orders founded on it, including orders of adoption by a Magistrates Court, of no legal effect.

Court orders

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  1. 1.The Notice of Motion amended on 5th July 2015 is allowed as prayed
  2. 2.An order of mandamus compelling the respondents to cancel the sub-division of L.R. No. NTIMA/NTAKIRA/384 and all the resultant title deeds
  3. 3.Each party to bear her own costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 24 Rule 3
  • Civil Procedure ActSections 1A, 1B and 3A
  • Land Registration ActSection 68
  • Land Disputes Tribunal Act No. 18 of 1990 (repealed)Section 3(1)

Cases cited (1)

  • Waweru Vs Catholic Diocese of Muranga Registered Trustees
    (2003) K.L.R 389
Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court (leave issued 23rd June 2015); order of mandamus sought under Order 53 of the Civil Procedure Rules

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 Land Disputes Tribunal & 2 others; Julia Kinanu Kirera & 2 others (Interested Parties) Ex parte Julius Kiriinya M’mungania [2019] KEELC 2989 (KLR)", Case Analysis (2019). Judicial Review Notice of Motion dated 29th June 2015 (Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2989/eng@2019-06-03

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