Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedRift Valley Province Land Disputes Appeals Committee Appeal (transferred from Kitale ELC Misc. App. 2 of 2018)· [2019] KEELC 3420 (KLR)

Mary Mukhonja v Maxwel Burudi & another [2019] KEELC 3420 (KLR)

Environment and Land Court
13 May 2019
MNMwangi Njoroge
1,120 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court voided a land tribunal's award because it had no legal power to decide disputes over registered land.

What this practically means

#

Executive summary

#
This was an appeal originally lodged before the Rift Valley Province Land Disputes Appeals Committee on 14/4/2009 against the award of the Kwanza Land Disputes Tribunal in Case No. KLD/25/2008, which award had been adopted as judgment in Kitale Chief Magistrates Court Land Case No. 75 of 2008 on 3/4/2009. The appeal remained undecided upon the repeal of the Land Disputes Tribunals Act and was transferred to the Environment and Land Court at Kitale, guided by the Court of Appeal decision in Christopher Wafula Mutoro v Richard Lordia Lokere. The appellant, the registered co-owner of the suit land under the Registered Land Act, Cap 300, contended that the tribunal lacked jurisdiction over registered land. The respondents were served, did not oppose the appeal, and filed no submissions. The court framed a single dispositive issue: whether the tribunal erred in entertaining a dispute concerning registered land. The record showed the land was registered on 4/10/2006, before the 2008 dispute, and the court, applying M'Marete v Republic, Kasimu Kilatya and the Lillian S jurisdiction principle, held that a tribunal cannot confer jurisdiction on itself beyond Section 3(1) of the Act. The appeal was allowed, the Elders Award and all consequential proceedings and orders were set aside, and costs were awarded to the appellant against the respondents.

Key legal issues

#
01

Whether the Land Disputes Tribunal had jurisdiction over a dispute concerning registered land

Holding

The tribunal had no mandate to deal with disputes concerning registered land outside Section 3(1) of the Land Disputes Tribunal Act; the land was registered under the Registered Land Act, Cap 300 before the dispute commenced

Reasoning

The title produced in the record showed the land was registered in the joint names of the appellant and one Joshua Mwachi Burudi on 4/10/2006, before the 2008 dispute. Relying on decided authorities and the Owners of Motor Vessel 'Lillian S' principle, the court held that jurisdiction flows only from statute and a tribunal cannot arrogate to itself jurisdiction through interpretation where the statutory wording is clear and unambiguous.

p. 2

Legal principles established

#
  • A tribunal cannot create jurisdiction for itself beyond the statute conferring it; where legislation is clear, jurisdiction cannot be conferred by interpretation

Court orders

#
  1. 1.This appeal is hereby allowed
  2. 2.The Elders Award filed in Chief Magistrates Court in Kitale Land Case No. 75 of 2008 and adopted as judgment on 3/4/2009 and all consequential proceedings and orders are hereby set aside
  3. 3.The costs of this appeal will be borne by the respondents

Authorities

#

Legislation

  • Land Disputes Tribunal ActSection 3(1), Section 3(2), (3) and (4)
  • Registered Land ActCap 300 (now repealed)

Cases cited (5)

  • Asman Weloba Wepukhulu and Another v Francis Wakwabubi Biketi
    Kisumu CA No 157 of 2001
  • M'Marete vs. Republic & 3 Others
    [2004] eKLR, Civil Appeal No. 259 of 2000
  • Kasimu Kilatya v Chairman Machakos Land Dispute Tribunal & 2 others
    [2017] eKLR, Civil Appeal No. 220 of 2015
  • Owners of Motor Vessel 'Lillian S' vs. Caltex Oil (Kenya) Limited
    [1989] KLR 1
  • Christopher Wafula Mutoro Vs Richard Lordia Lokere
    Eldoret CA 71 of 2017
On appeal from
Kwanza Land Disputes Tribunal / Rift Valley Province Land Disputes Appeals Committee
KLD/25/2008 (award adopted in Kitale Chief Magistrates Court Land Case No. 75 of 2008)
Jurisdiction invoked
Appeal under the Land Disputes Tribunal Act No. 18 of 1990, transferred to the Environment and Land Court pursuant to Kitale ELC Misc. App. 2 of 2018 and the decision in Christopher Wafula Mutoro v Richard Lordia Lokere, Eldoret CA 71 of 2017

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mary Mukhonja v Maxwel Burudi & another [2019] KEELC 3420 (KLR)", Case Analysis (2019). Rift Valley Province Land Disputes Appeals Committee Appeal (transferred from Kitale ELC Misc. App. 2 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3420/eng@2019-05-13

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