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ELCDismissedJudicial Review Miscellaneous Application (Chamber Summons dated 2nd June 2020)· [2020] KEELC 369 (KLR)

Rift Valley Enterprises Limited v Nakuru District Land Disputes Tribunal & 2 others [2020] KEELC 369 (KLR)

High Court of Kenya
10 December 2020
1,951 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Nakuru dismissed a landowner's late attempt to overturn a 2009 tribunal decision, confirming Kenya's strict six-month deadline for judicial review.

What this practically means

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Executive summary

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The applicant company, registered proprietor of L.R. 10457, sought leave by Chamber Summons dated 2nd June 2020 under Order 53 rule 1 of the Civil Procedure Rules to apply for certiorari to quash the decision of the Nakuru District Land Disputes Tribunal made on 21st October 2009 in Claim Number 37 of 2007, together with the decree of the Chief Magistrate's Court at Nakuru adopting it on 25th March 2010. The applicant argued that the tribunal lacked jurisdiction to deal with matters of title to land and that its decision was therefore a nullity, taking it outside the six-month limitation in section 9(3) of the Law Reform Act and Order 53 rule 2. The 3rd respondent opposed, contending the tribunal's claim was one of trespass within its jurisdiction and that the application was statute-barred. The court examined the tribunal's decision and found that the applicant had itself brought the claim for eviction, which the tribunal dismissed for want of proof; the tribunal made no determination of title, cancelled no title, and ordered no registration. Claims to occupy or work land and trespass clearly fell within the tribunal's jurisdiction under section 3(1) of the Land Disputes Tribunals Act, 1990. No nullity was demonstrated to displace the limitation period, and the application filed on 9th June 2020 was over nine years late. The court further noted subsequent orders of 29th March 2011 transferring the suit parcels and a judgment of 13th February 2020 in Nakuru ELC No. 547 of 2016 striking out the applicant's ownership claim, rendering the judicial review proceedings futile. The application was dismissed with costs to the 3rd respondent; the 1st and 2nd respondents, having not participated, received no costs.

Key legal issues

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01

Effect of the six-month limitation for certiorari

Holding

The application, filed on 9th June 2020 against a decision made on 21st October 2009 and adopted on 25th March 2010, is over 9 years late and violates section 9(3) of the Law Reform Act and Order 53 rule 2

Reasoning

The court computed the deadline (25th September 2010) and found the application grossly out of time. The applicant argued the nullity exception, but the court held that the tribunal did not determine title, so no nullity arose to displace the limitation period. Leave is a filter to weed out hopeless and statute-barred applications.

p. 3
02

Whether the tribunal exceeded its jurisdiction

Holding

The tribunal did not determine title or ownership; it heard an eviction/trespass-type claim within its statutory jurisdiction under section 3(1) of the Land Disputes Tribunals Act

Reasoning

The tribunal's decision dismissed the applicant's claim for eviction, finding the claim unproven. It made no determination of title, cancelled no title, and ordered no registration. Therefore the alleged jurisdictional nullity was not established, and the limitation period applied.

p. 3
03

Futility of the judicial review proceedings

Holding

Subsequent decisions in Nakuru High Court Miscellaneous Application No. 342 of 2011 and Nakuru ELC No. 547 of 2016 cannot be reversed through these judicial review proceedings

Reasoning

The court noted that the parcels had been transferred pursuant to orders of 29th March 2011 and that an ELC claim for ownership declaration and cancellation of title had been struck out on 13th February 2020. Granting leave would serve no purpose, reinforcing the exercise of discretion against the applicant.

p. 3

Legal principles established

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  • Leave for certiorari must be sought not later than six months after the impugned judgment, order, decree or proceeding, and a nullity exception applies only where a decision is truly beyond jurisdiction
  • Land dispute tribunals, though without jurisdiction over title to registered land, had jurisdiction over claims to occupy or work land and trespass to land

Court orders

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  1. 1.Chamber Summons dated 2nd June 2020 dismissed with costs to the 3rd respondent
  2. 2.No costs awarded to the 1st and 2nd respondents as they did not participate in the hearing

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 rule 1
  • Civil Procedure RulesOrder 53 rule 2
  • Civil Procedure RulesOrder 4
  • Law Reform ActSection 9(3)
  • Land Disputes Tribunals Act, 1990Section 3(1); Section 4
  • Environment and Land Court Act, 2011Section 31

Cases cited (5)

  • Republic v Judicial Commission of Inquiry Into the Goldenberg Affair & 3 others Ex Parte Mwalulu & 8 others
    [2004] eKLR
  • Stephen Kibowen v Chief Magistrate's Court Nakuru & 2 others
    [2017] eKLR
  • Polycarp Wathuta Kanyugo & 2 Others v The County Government of Kirinyaga
    [2014] eKLR
  • Republic v Kenya Revenue Authority, Commissioner Ex parte Keycorp Real advisory Limited
    (2019) eKLR
  • Lady Justice Joyce Khaminwa vs Judicial Service Commission & another
    [2014] eKLR
Jurisdiction invoked
Order 53 rule 1 of the Civil Procedure Rules (leave to apply for judicial review); Law Reform Act section 9(3)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Rift Valley Enterprises Limited v Nakuru District Land Disputes Tribunal & 2 others [2020] KEELC 369 (KLR)", Case Analysis (2020). Judicial Review Miscellaneous Application (Chamber Summons dated 2nd June 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/369/eng@2020-12-10

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