Republic v Registrar of Titles & 2 others Exparte Mohamed Hassan Mwarumba Interested Party Abubakar Kaim Abdalla & 2 others [2019] KEELC 4629 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear judicial review cases about land, and rejected an attempt to dismiss a suit without proper evidence.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC to entertain judicial review (prerogative) orders in land disputes
The ELC has jurisdiction to hear the dispute and grant judicial review orders relating to land
Article 162(2)(b) mandates a court with High Court status for disputes on environment and land. Parliament created the ELC under the Environment and Land Court Act. Section 13(1) confers original and appellate jurisdiction, and Section 13(7)(b) expressly empowers the court to grant prerogative orders. The dispute concerns land parcel MN/II/313, Utange, and the applicant seeks judicial review of NLC proceedings over that land, so jurisdiction is established.
Whether the applicant's locus standi could be challenged by preliminary objection on the ground that his grant of letters of administration was revoked
The objection failed because revocation of the grant was a factual issue not proved by affidavit and not admitted
Applying Mukisa Biscuits, a preliminary objection must raise a pure point of law on assumed facts. The Interested Parties alleged the grant had been revoked but filed no affidavit evidencing the revocation, raising it only in submissions, while the applicant did not admit it. Since facts had to be ascertained, the point could not properly be determined as a preliminary objection and it failed.
Legal principles established
#- Jurisdiction must be raised and decided at the earliest opportunity; a court without jurisdiction cannot take any further step in the matter
- The ELC has jurisdiction to grant prerogative orders in disputes relating to the use and occupation of, and title to, land
- A preliminary objection cannot be sustained where it raises issues of fact that must be ascertained
Court orders
#- 1.The preliminary objection dated 10th May 2018 is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Sections 13(1) and 13(7) of the Environment and Land Court Act, No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Registrar of Titles & 2 others Exparte Mohamed Hassan Mwarumba Interested Party Abubakar Kaim Abdalla & 2 others [2019] KEELC 4629 (KLR)", Case Analysis (2019). Chamber Summons dated 19th December 2017 (Judicial Review Proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4629/eng@2019-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.