Maria Kanario M’Itwamwari v Igoki Mutethia Farmers Co-operative Society & 2 others [2019] KEELC 3002 (KLR)
The bottom line
#The Environment and Land Court ruled that disputes over co-operative land already registered in someone's name belong in the ELC, not the Co-operative Tribunal.
What this practically means
#Executive summary
#Key legal issues
#Whether the Preliminary Objection raises pure points of law
It does not; the grounds require factual ascertainment, particularly regarding the sub-division and transfer of the original parcel
Applying the Mukisa Biscuits definition, the Court perused the pleadings and found that the challenge to the sub-division of the original parcel and the circumstances of transfer would require viva voce evidence. No single point of law was identified, so the objection fails at the threshold as improperly framed.
Whether the dispute falls under Section 76 of the Co-operative Societies Act Cap 490
No; the dispute concerns registered land, not the business of a co-operative society among members
The subject of all three consolidated suits is land parcel KIRIMARA/KITHITHINA BLOCK 1/562, registered in the name of Cornelius Muthuri. Though the land may have originated as a share of a co-operative member, once registered in a person's name it ceases to be society property, and jurisdiction vests in the Environment and Land Court under Section 13(2)(a) of the ELC Act. Most parties are not members of the society.
Legal principles established
#- A preliminary objection must raise a pure point of law argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised where facts must be ascertained
- Once land acquired through shares in a co-operative society is registered in the name of a shareholder or other person, it ceases to be the property of the society and disputes over it fall within the Environment and Land Court's jurisdiction under Section 13(2)(a) of the ELC Act
Court orders
#- 1.The Notice of Preliminary Objection dated 21st November 2018 is dismissed
- 2.Costs of the Preliminary Objection to the plaintiffs/defendants who opposed it
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution read with Section 13(2)(a) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maria Kanario M’Itwamwari v Igoki Mutethia Farmers Co-operative Society & 2 others [2019] KEELC 3002 (KLR)", Case Analysis (2019). ELC No. 5 of 1990 (Meru), consolidated with CMCC No. 103 of 2009 and CMCC No. 603 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3002/eng@2019-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.