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ELCAllowedELC Civil Appeal Number E11 of 2021· [2022] KEELC 224 (KLR)

Harrison Maina Kariuki & 2 others v Jane Waithera & another [2022] KEELC 224 (KLR)

Environment and Land Court
28 April 2022
LOL. A. Omollo
2,275 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court voided a 20-year-old tribunal award over registered land because Land Disputes Tribunals had no power to decide ownership disputes.

What this practically means

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Executive summary

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The appellants, representatives of the estate of Kariuki Kagara, appealed against the award of the Provincial Land Disputes Appeals Committee in Tribunal Case No. 36 of 2000, which upheld the Nyahururu District Land Disputes Tribunal's decision directing the subdivision of parcel Nyandarua/South Kinangop/245 between the Kagara family and the respondents, whose deceased husband allegedly purchased 5.5 acres from the appellants' deceased father for Kshs. 110,000. The appeal, initially filed in the High Court in 2000, was dismissed for want of prosecution in 2009, reinstated by the Court of Appeal in 2017, and transferred to the Environment and Land Court at Nakuru in 2021. The respondents did not participate in the hearing; only the appellants filed submissions. The judge framed the determinative question as whether the Tribunal and the Appeals Committee had jurisdiction over the dispute. Relying on section 3(1) of the repealed Land Disputes Tribunal Act, which confines tribunals to boundary disputes, claims to occupy or work land, and trespass, and following Court of Appeal authority including Malakwen Lelei and M'Marete, the court held that a dispute over ownership of registered land arising from an alleged sale fell outside that jurisdiction, rendering the tribunal proceedings a nullity. The court allowed the appeal, set aside both decisions, and ordered each party to bear their own costs at all levels.

Key legal issues

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01

Jurisdiction of Land Disputes Tribunals over ownership disputes arising from a sale of registered land

Holding

The dispute was primarily one of ownership of registered land arising from an alleged sale, which fell outside section 3(1) of the Land Disputes Tribunal Act; both the Tribunal and the Appeals Committee therefore acted in excess of jurisdiction and their decisions are nullities.

Reasoning

The court perused the plaint before the Nyahururu Land Disputes Tribunal and found the claim was for transfer of four acres based on an alleged purchase by the Respondent's deceased husband. Relying on section 3(1) of the repealed Act and Court of Appeal authorities, the judge held that determination of title or ownership of registered land is not among the matters tribunals could entertain, so the award could not stand.

p. 4

Legal principles established

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  • Land Disputes Tribunals had no jurisdiction under section 3(1) of the Land Disputes Tribunal Act to determine disputes over title to or ownership of registered land; proceedings and awards made in excess of jurisdiction are nullities

Court orders

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  1. 1.The decisions of the Provincial Land Dispute Appeals Committee and the Nyahururu Land Disputes Tribunal are set aside
  2. 2.Parties shall bear their own costs in the instant Appeal and costs in the proceedings before the Tribunal and Appeals Committee

Authorities

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Legislation

  • Land Disputes Tribunal Act (repealed)section 3(1)

Cases cited (4)

  • Republic Vs Land Disputes Tribunal Taveta
    [2013] eKLR
  • Boniface Chege & 33 Others Vs Attorney General and 4 Others
    Nyahururu ELC Petition No. 9 of 2017
  • Joseph Malakwen Lelei & another Vs Rift Valley Land Disputes Appeals Committee & 2 others
    [2014] eKLR
  • M'Marete Vs Republic & 3 others
    Civil Appeal 259 of 2000 (2004) eKLR
On appeal from
Provincial Land Disputes Appeals Committee, Central Province, Nyeri
Tribunal Case No. 36 of 2000
Jurisdiction invoked
Appeal under the repealed Land Disputes Tribunal Act framework; transferred from the High Court to the Environment and Land Court on 29th April 2021

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Harrison Maina Kariuki & 2 others v Jane Waithera & another [2022] KEELC 224 (KLR)", Case Analysis (2022). ELC Civil Appeal Number E11 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/224/eng@2022-04-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.