Republic v Chairman, Land Disputes Tribunal Mutomo Sub District Ex Parte Titus Kiyili Kinyumu; Mutua Kavunduu (Interested Party) [2021] KEELC 356 (KLR)

The court reviewed Section 3(1) of the Land Disputes Tribunal Act and the tribunal record. The ownership of the land was never in contention as it belonged to the Interested Party; the real issue was the non-payment of purchase price and the Ex-parte Applicant's encroachment onto the adjacent unsold parcel, which fell within the Tribunal's statutory mandate over trespass and boundary determinations.

Under Section 4(2) a Tribunal consists of a chairman appointed by the District Commissioner and either two or four elders. The record showed a chairman, Thomas W. Muthusa, with two members. The court also held that the allegation of improper constitution was not supported by facts in the affidavit and therefore unproved.

The court set out Sections 3(2)-(8) of the Act and held there was nothing on record showing procedural failure. The applicant, who did not attend the proceedings, bore the burden of proof and failed to discharge it, applying the principle that he who alleges must prove.

The Act provided an appeal mechanism to the Provincial Appeals Committee within thirty days and a further appeal to the High Court on points of law within sixty days. The applicant bypassed this route, going straight to judicial review, contrary to the principle that clear statutory procedures must be strictly followed.