Republic v Richard Mukiti Mbindyo & another; Ex-Parte; Ruth Katuni Kamuti [2022] KEELC 1020 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Nzaui Land Disputes Tribunal had jurisdiction to award ownership of land parcel Mbitini/Ngetha/117
The Tribunal exceeded its jurisdiction; its decision was a nullity ab initio
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.
Whether the application was barred by the six-month limitation period for judicial review
Time does not run against a decision that is a nullity
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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
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