Sella Nyakoa Etenyi v Andrew Kiprop Tanui & Consefta Nasimiyu Tanui (Environment & Land Case 128 of 2013) [2019] KEELC 4867 (KLR)
The bottom line
#A Kenyan court voided Land Disputes Tribunal proceedings because the Tribunal law had been repealed before the elders met — succession disputes belong in the High Court.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of claimants before the Tribunal without a grant of Letters of Administration
Not fatal; the defendants claimed against the plaintiff on their own behalf, not on behalf of the deceased's estate
The court found that although no succession proceedings had been taken out, the defendants' claim before the Tribunal was a personal claim against the plaintiff as a co-wife, not a claim on behalf of the deceased's estate. The want of a grant therefore did not invalidate the claim on that ground alone.
Jurisdiction over succession disputes
Only the High Court has jurisdiction under Section 47 of the Law of Succession Act; the Tribunal's award regarding the suit land could not stand
The court held that even if the Tribunal had been validly in existence, it lacked jurisdiction to distribute the deceased's land. The Tribunal itself had recognized this by referring the matter to succession, and the proper forum is a succession cause in the High Court where every family member's share can be determined.
Validity of Tribunal proceedings after repeal of the Land Disputes Tribunals Act
The proceedings of 20/9/2011 were illegal because the Act had been repealed on 30/8/2011 and the Tribunal no longer existed in law
The Environment and Land Court Act repealed the Land Disputes Tribunals Act with effect from 30/8/2011. The Tribunal sat on 20/9/2011, after that date, so the panel of elders no longer existed in law. A later circular communicating the repeal was ineffective, and ignorance of the repeal could not cure the illegality.
Legal principles established
#- Only the High Court has jurisdiction to hear and determine succession disputes under Section 47 of the Law of Succession Act
- Proceedings before a Land Disputes Tribunal after the repeal of the Land Disputes Tribunals Act on 30/8/2011 were a nullity
Court orders
#- 1.The Kwanza Divisional Land Disputes Tribunal Proceedings and Ruling read and adopted as judgment of the court on 13/12/2011 and the decree arising therefrom in Kitale Chief Magistrate's Court Land Case No. 51 of 2011 are null and void ab initio and same are hereby set aside
- 2.Each party shall bear their own costs of this suit
- Jurisdiction invoked
- Environment and Land Court jurisdiction (Environment and Land Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Sella Nyakoa Etenyi v Andrew Kiprop Tanui & Consefta Nasimiyu Tanui (Environment & Land Case 128 of 2013) [2019] KEELC 4867 (KLR)", Case Analysis (2019). Kitale ELC (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4867/eng@2019-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.