Stanley Thuo Murunyu v Alice Waruguru Ngugi & another (sued as the representatives of the Estate of Beatrice Mukuhi Mwangi (Deceased) & 2 others [2020] KEELC 1670 (KLR)
The bottom line
#A Kenyan court voided a Land Disputes Tribunal's decision over a land title sale, restored the buyer's ownership, but refused his Kshs. 26.4 million compensation claim.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
The Petition is not res judicata because the Judicial Review proceedings were dismissed on a point of law (non-compliance with a mandatory provision) without the issues being heard and determined
Applying Section 7 of the Civil Procedure Act and the IEBC v Maina Kiai test, all elements must be satisfied conjunctively, including that the issue was heard and finally determined. The Mbogholi Msagha ruling showed the judicial review issues were never addressed on merit, so the res judicata bar fails.
Inordinate delay
The Petitioner satisfactorily explained the delay; he was not sitting on his rights as he pursued appeals and other legal avenues, and parties were still litigating as late as 2015
Although no constitutional limitation period applies, enforcement claims must be brought without inordinate delay. The Court found the Petitioner's explanation satisfactory given the pending appeal, orders of injunction of 2015 and continued litigation over the suit property.
Violation of rights under Articles 40 and 47
The Tribunal accorded procedural fairness but acted without jurisdiction over a title dispute, rendering its decision unlawful and a violation of Article 47
The Petitioner attended and was heard, so the action was procedurally fair. However, following Wamwea and M'Marete, the tribunal lacked jurisdiction over title and contract disputes; acting without jurisdiction rendered its award unlawful, hence a nullity. Article 40 protection of property is not extended to unlawfully acquired land.
Entitlement to remedies
The Petitioner is entitled to revocation of the title issued to Beatrice and injunctions, but not compensation which was not proved
Since the tribunal's decision was a nullity for want of jurisdiction, the order restoring title to Beatrice is invalid. The Petitioner proved his case on a balance of probabilities for prayers A, B, C, D and F, but failed to prove the monetary losses claimed under prayer E.
Legal principles established
#- A decision made by a tribunal without jurisdiction is a nullity in law and unlawful, violating the right to lawful administrative action under Article 47
- Land Disputes Tribunals had no jurisdiction over disputes involving title to land or enforcement of contracts for sale of land
- Res judicata does not apply where the issues in the former suit were never heard and determined on their merits
Court orders
#- 1.A declaration that the award by the tribunal transferring land parcel No. Ruiru East Block 1/302 back to Beatrice Mukuhi Mwangi and ordering refund of consideration is a nullity as the tribunal lacked jurisdiction
- 2.A declaration that the Respondents have no legal or constitutional right to possession, use or title of land parcel No. Ruiru East Block 1/302 and the transfer back to Beatrice Mukuhi Mwangi was unlawful and invalid
- 3.A mandatory order directing the 2nd Respondent to revoke the title issued to Beatrice Mukuhi Mwangi and reinstate the Petitioner as registered owner
- 4.An order of injunction restraining the Respondents from interfering with the Petitioner's peaceful possession and use of the suit property
- 5.Costs of the Petition to be borne jointly and severally by the Respondents
- Jurisdiction invoked
- Articles 27, 40, 47 and 50 of the Constitution of Kenya, 2010 (enforcement of fundamental rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stanley Thuo Murunyu v Alice Waruguru Ngugi & another (sued as the representatives of the Estate of Beatrice Mukuhi Mwangi (Deceased) & 2 others [2020] KEELC 1670 (KLR)", Case Analysis (2020). Petition dated 21st August 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1670/eng@2020-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.