Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedELCA Case No. 3 of 2017· [2019] KEELC 4042 (KLR)

Gerishom Katamo v Lutomia James & another [2019] KEELC 4042 (KLR)

Environment and Land Court
19 March 2019
NMN.A. Matheka
897 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

#

Land Dispute Tribunals in Kenya had no power to decide who owns registered land — only boundaries, occupation, or trespass.

What this practically means

#

Executive summary

#
Gerishom Katamo appealed to the Environment and Land Court at Kakamega against the decision of Hon. C. Kendagor RM in KAK MISC. AWARD NO. 55/02, which had adopted the verdict of the Kabras Land Disputes Tribunal. The tribunal had awarded the respondents their plots according to boundaries demarcated by the late James Wambetsa and directed the appellant, the registered proprietor of L.P. No. KAK/MALAVA/704, to stop interfering with that parcel. The appellant raised six grounds, principally that the tribunal was biased, misapprehended the matters before it, and dealt with land already apportioned by his deceased father, and sought the quashing of both the tribunal verdict and the adopting award, with costs. The court identified the preliminary issue as the tribunal's jurisdiction. Relying on section 3(1) of the repealed Land Disputes Tribunal Act, which confines tribunals to boundary disputes, claims to occupy or work land, and trespass, and following M'Marete v Republic & 3 others and Masagu Ole Naumo, the court held that the tribunal's award was essentially a determination of ownership of registered land, a matter outside its mandate. The merits were not considered. The appeal was allowed, the tribunal decision and adopting award quashed, with no orders as to costs. Delivered on 19 March 2019 by N.A. Matheka J.

Key legal issues

#
01

Jurisdiction of the Kabras Land Disputes Tribunal

Holding

The tribunal exceeded its jurisdiction by awarding and determining ownership of registered land, a matter outside section 3(1) of the Land Disputes Tribunal Act

Reasoning

Section 3(1) of the repealed Land Disputes Tribunal Act confined tribunals to disputes over division/determination of boundaries, claims to occupy or work land, and trespass. The tribunal's award allocated plots per boundaries demarcated by the late James Wambetsa and restrained the registered owner from plot KAK/MALAVA/704, essentially a title/ownership claim. Following M'Marete v Republic and consistent with Odunga J in Masagu Ole Naumo, the tribunal 'meandered beyond its boundaries', rendering the proceedings and decision a nullity. The merits did not fall for consideration once jurisdiction failed.

p. 2
02

Whether the merits of the tribunal proceedings required consideration

Holding

No - absence of jurisdiction rendered any merits inquiry unnecessary

Reasoning

Having found the tribunal lacked jurisdiction over title to registered land, the court declined to examine the merits of the elders' verdict or its adoption by the magistrate, since a tribunal without jurisdiction could not produce a valid decision capable of adoption. The appeal succeeded on the jurisdictional ground alone.

p. 2

Legal principles established

#
  • Land Disputes Tribunals had no jurisdiction to determine claims to title or ownership of registered land, being confined under section 3(1) to boundary disputes, claims to occupy or work land, and trespass

Court orders

#
  1. 1.Appeal allowed
  2. 2.Decision/verdict of the Kabras Land Disputes Tribunal quashed
  3. 3.The award adopting the tribunal's decision quashed
  4. 4.No orders as to costs

Authorities

#

Legislation

  • Land Disputes Tribunal Act (No. 18 of 1990, now repealed)section 3(1)

Cases cited (2)

  • M'Marete v Republic & 3 others
    Civil Appeal 259 of 2000 [2004] eKLR
  • Masagu Ole Naumo v Principal Magistrate Kajiado Law Courts & Another
    JR 370 of 2013 [2014] eKLR
On appeal from
Principal Magistrate's Court at Kakamega
KAK MISC. AWARD NO. 55/02
Jurisdiction invoked
Appeal against adoption of Land Disputes Tribunal award; Land Disputes Tribunal Act (now repealed), section 3(1)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Gerishom Katamo v Lutomia James & another [2019] KEELC 4042 (KLR)", Case Analysis (2019). ELCA Case No. 3 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4042/eng@2019-03-19

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