Republic v Co-operative Development Katelembo Task Force & another Ex Parte Raphael Paul Katumo Nindi; Joseph Mutisya & 3 others (Interested Parties) [2020] KEELC 2788 (KLR)
The bottom line
#A Machakos court quashed a county Task Force's order to vacate land, confirming that only Kenya's land courts can decide land disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether the Task Force had statutory jurisdiction to hear and determine a land dispute
The Task Force acted ultra vires the Co-operative Societies Act; the decision was made by a multi-disciplinary team rather than the Commissioner, and Section 27(3)(c) does not empower resolution of land disputes.
The gazette notice appointing the Task Force invoked Sections 27(3)(c), 93 and 93(A) of the Co-operative Societies Act. Section 93 empowers the Minister to direct the Commissioner; Section 93(A) vests powers in the Commissioner. The impugned decision was made by a multi-disciplinary team, not the Commissioner, so it cannot be anchored on those provisions. Section 27(3)(c) concerns approval of estimates of income and expenditure, not land disputes, making the terms of reference ultra vires.
Whether the Task Force's determination usurped the exclusive jurisdiction of the land courts
The proceedings amounted to a hearing and determination on occupation, title and use of land, a jurisdiction reserved by statute to the Environment and Land Court and the Magistrate's Court.
The Task Force ordered the Applicant to vacate land he had possessed for years, which constituted a determination on occupation and title to land. Under Section 13(1) of the Environment and Land Court Act and Section 9(a) of the Magistrates Act, such disputes are reserved to those courts. The County Government had no mandate to establish a Task Force to resolve such disputes, so the decision was ultra vires, null and void.
Legal principles established
#- Jurisdiction of a court, tribunal or body exercising quasi-judicial or public functions flows from the Constitution or legislation or both.
- Only the Environment and Land Court and the Magistrate's Court are authorized to hear disputes concerning use, occupation and title to land; a County-appointed Task Force cannot adjudicate land disputes.
Court orders
#- 1.An order of Certiorari issued removing into the court and quashing the decision dated 16th August, 2018 by the Katelembo Athiani Muputi Farming and Ranching Co-operative Society Limited – Task Force (1st Respondent).
- 2.Each party to bear his/its own costs.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution; Environment and Land Court Act, Section 13(1) – power to grant judicial review reliefs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Co-operative Development Katelembo Task Force & another Ex Parte Raphael Paul Katumo Nindi; Joseph Mutisya & 3 others (Interested Parties) [2020] KEELC 2788 (KLR)", Case Analysis (2020). Judicial Review Application – Notice of Motion dated 6th September, 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2788/eng@2020-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.