Republic v Likuyani Land Dispute Tribunal, Chief Magistrate’s Court Kakamega, Subukia Arimi Self Help Group & John Okwi & 2 others; Ex Parte Javan Mbolela & others (Environment and Land Judicial Review Case 20 of 2020) [2021] KEELC 2798 (KLR)
The bottom line
#Kenya's Environment and Land Court quashed a Land Disputes Tribunal's decision because tribunals cannot decide who owns land.
What this practically means
#Executive summary
#Key legal issues
#Whether the Likuyani Land Disputes Tribunal acted ultra vires its statutory jurisdiction
The tribunal's decision on ownership of land and ordering subdivision and issuance of title deeds was outside its jurisdiction under Section 3(1) of the Land Disputes Tribunal Act and was ultra vires; certiorari and prohibition were granted.
The court examined Section 3(1) of the Land Disputes Tribunal Act, confining tribunals to disputes over division or boundaries of land, claims to occupy or work land, and trespass. On perusal of the tribunal's proceedings and verdict, the court found the dispute was one of ownership arising from a sale agreement, and the tribunal ordered subdivision and issuance of title deeds - matters beyond its statutory mandate. A tribunal without jurisdiction acts ultra vires, tainting its decision with illegality warranting judicial review.
Grounds for judicial review relief
The court applied the settled test that judicial review lies for illegality, irrationality or procedural impropriety, and reviewed the decision-making process rather than its merits.
Relying on Odunga J in Republic v Kenya Revenue Authority Ex-Parte Tradewise Agencies quoting Pastoli v Kabale District Local Government Council, the court restated that a judicial review applicant must show the impugned decision is tainted with illegality, irrationality or procedural impropriety. Acting without jurisdiction or ultra vires is an instance of illegality. Judicial review concerns the decision-making process, not the merits, and the grant of relief remains discretionary.
Legal principles established
#- A Land Disputes Tribunal, whose jurisdiction was limited to boundary disputes, claims to occupy or work land, and trespass, lacked jurisdiction to determine ownership of land or order specific performance of a land sale contract.
Court orders
#- 1.An order of certiorari to remove into this court and quash the Likuyani Land Disputes Tribunal proceedings and decision
- 2.A prohibition order prohibiting the said tribunal or the court in Kakamega CM Award No. 104 of 2005
- 3.Costs of the application to the ex parte applicant
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules (2010) and the Law Reform Act, Cap 26 (Part VI)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Likuyani Land Dispute Tribunal, Chief Magistrate’s Court Kakamega, Subukia Arimi Self Help Group & John Okwi & 2 others; Ex Parte Javan Mbolela & others (Environment and Land Judicial Review Case 20 of 2020) [2021] KEELC 2798 (KLR)", Case Analysis (2021). ELC JR. No. 20 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2798/eng@2021-06-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.