Solomon Mburu Njau & another v Eunice Wanjiru Mburu [2020] KEELC 2170 (KLR)
The bottom line
#A land appeal stuck since 2010 because tribunals were abolished was still alive, and Kenya's Environment and Land Court took it over.
What this practically means
#Executive summary
#Key legal issues
#Transfer of the pending appeal from the defunct Central Provincial Appeals Committee
The prayer for transfer was allowed; the delay of over 7 years did not extinguish the appeal since it was never dismissed and status quo orders remained in place.
The Land Disputes Act No. 18 of 1990 was repealed with effect from 30th August 2011 and ELC judges appointed on 1st October 2012, so the earliest time for transfer was 2012. The appeal was already filed, so the case law on enlargement of time to file appeals relied on by the Respondent did not apply. Since the appeal subsisted and status quo orders were in place, transfer was necessary to resolve the dispute.
Stay of proceedings in the subordinate court seeking adoption of the tribunal award
Stay was granted because the appeal questions the tribunal's jurisdiction and adopting the award would render the appeal academic.
A status quo order from the Appeals Committee was already in place halting the proceedings. The appeal raised a cardinal question of law on whether the Land Disputes Tribunal had jurisdiction to deal with registered land. If proceedings continued and the award was adopted, and the tribunal was later found to lack jurisdiction, the exercise would be an academic one.
Legal principles established
#- An appeal pending before a defunct Land Disputes Appeals Committee cannot die a natural death merely due to delay; it must be transferred to the Environment and Land Court for hearing and determination.
- Where the jurisdiction of the tribunal making an award is under appeal, the adoption proceedings must be stayed since jurisdiction is everything.
Court orders
#- 1.The appeal pending before the Central Provincial Appeals Committee at Nyeri (Central Provincial Appeals Committee Appeal No. 4 of 2010, Solomon Mburu & Elizabeth Wambui Mburu v Eunice Wanjiru Mburu) is transferred to the Environment and Land Court for hearing and determination
- 2.Stay of proceedings in Githunguri Tribunal Case No. 4 of 2010 (Eunice Wanjiru Mburu v Elizabeth Wambui Mburu) pending the hearing and determination of the Applicants' appeal
- 3.The Application dated 4th November 2019 is allowed with costs in the cause
- Jurisdiction invoked
- Environment and Land Court Act, 2011 - transfer of pending appeals from the defunct Land Disputes Tribunals/Appeals Committees pursuant to the Chief Justice's directions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Solomon Mburu Njau & another v Eunice Wanjiru Mburu [2020] KEELC 2170 (KLR)", Case Analysis (2020). Notice of Motion dated 4th November 2019 (ELC, Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2170/eng@2020-06-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.