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ELCPartially AllowedJudicial Review Misc. Application (Notice of Motion dated 30th September, 2019; references to Machakos Misc. Application No. 72 of 2013 and Makueni LDTC No. 2 of 2001)· [2022] KEELC 1020 (KLR)

Republic v Richard Mukiti Mbindyo & another; Ex-Parte; Ruth Katuni Kamuti [2022] KEELC 1020 (KLR)

High Court of Kenya
9 March 2022
1,864 words in judgment
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The bottom line

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Kenya's High Court ruled that Land Disputes Tribunals cannot award land ownership—such decisions are void and can be challenged even years later.

What this practically means

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Executive summary

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The ex-parte Applicant, widow of Kamuti Nthiw'a (the registered owner of LR. No. Mbitini/Ngetha/117), moved the Court by Notice of Motion dated 30th September, 2019 under Order 53 Rules 1(1), (2) and (4) of the Civil Procedure Rules seeking certiorari to quash the decision of the Nzaui Location Land Dispute Tribunal in Makueni LDTC No. 2 of 2001 (adopted by the Principal Magistrates Court on 18th July, 2001) which awarded the suit property to the 1st Respondent, an order of prohibition against its implementation, mandamus compelling the Registrar of Land, Makueni County to cancel the title issued to the 1st Respondent, and a stay. The 1st Respondent opposed, contending that the decision had been annexed nowhere, that the Tribunal's decision had been adopted as judgment of the subordinate court and executed, that the late husband had been accorded a fair hearing and had appealed (Appeal No. 92 of 2001, determined 11th April, 2013), and that the application was time barred and designed to delay. The court framed a single issue: whether the Tribunal had jurisdiction to award ownership of the suit property. Holding that section 3(1) of the Land Disputes Tribunal Act, 1990 confined tribunals to boundary disputes, claims to occupy or work land, and trespass, the court found that the Tribunal's award of ownership was ultra vires and a nullity ab initio, following the Court of Appeal in Stephen Kibowen v Chief Magistrate's Court Nakuru that time does not run against a nullity. The motion was allowed in terms of prayers 1, 2 and 3; no costs order was made. Judgment delivered on 9th March, 2022 by MBOGO C.G., Judge.

Key legal issues

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01

Whether the Nzaui Land Disputes Tribunal had jurisdiction to award ownership of land parcel Mbitini/Ngetha/117

Holding

The Tribunal exceeded its jurisdiction; its decision was a nullity ab initio

Reasoning

Section 3(1) of the Land Disputes Tribunal Act, 1990 limited tribunals to boundary disputes, claims to occupy or work land, and trespass. The Tribunal awarded ownership of the parcel and directed transfer, a matter outside its statutory mandate. A decision made without jurisdiction is void and cannot be cured by appeal or by adoption by the subordinate court.

p. 3
02

Whether the application was barred by the six-month limitation period for judicial review

Holding

Time does not run against a decision that is a nullity

Reasoning

Relying on the Court of Appeal in Stephen Kibowen v Chief Magistrate's Court Nakuru, the court held that a decision made without jurisdiction is a nullity amounting to nothingness, incapable of commencing the reckoning of time or triggering a statutory bar. Accordingly the 2019 application was not defeated by the 2001 decision, and failure to appeal to the Appeals Committee was immaterial.

p. 3

Legal principles established

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  • A Land Disputes Tribunal has no jurisdiction to determine questions of ownership of land or to cancel title; a decision made without jurisdiction is a nullity incapable of triggering the limitation period for judicial review.

Court orders

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  1. 1.Notice of Motion dated 30th September, 2019 allowed in terms of prayers 1, 2 and 3 (leave granted and orders of certiorari quashing the Tribunal's decision and prohibition against its implementation/interference with the suit property)
Jurisdiction invoked
Order 53 Rules 1(1), (2) and (4) of the Civil Procedure Rules and all other enabling provisions of the Law

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, "Republic v Richard Mukiti Mbindyo & another; Ex-Parte; Ruth Katuni Kamuti [2022] KEELC 1020 (KLR)", Case Analysis (2022). Judicial Review Misc. Application (Notice of Motion dated 30th September, 2019; references to Machakos Misc. Application No. 72 of 2013 and Makueni LDTC No. 2 of 2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1020/eng@2022-03-09

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