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ELCAllowedEnvironment and Land Appeal 17 of 2020· [2024] KEELC 7455 (KLR)
Mukhanya & another v Wekesa (Environment and Land Appeal 17 of 2020) (24 October 2024) (Interim Judgment) [2024] KEELC 7455 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court set aside land tribunal decisions because tribunals cannot decide who owns registered land, only boundary, trespass, or occupation disputes.
What this practically means
#Executive summary
#This is an interim judgment of the Environment and Land Court at Bungoma (E.C. Cherono, J) in a first appeal against the adoption of awards of the Bumula District Land Disputes Tribunal and the Provincial Land Disputes Appeal Committee, which were adopted as a judgment of the Chief Magistrate's court in LDT No. 1 of 2009 on 18/3/2009. The Respondent had claimed before the Tribunal to be the beneficial owner of 2 acres of Land Parcel No. West Bukusu/South Mateka No. 1115, alleging he had purchased the portion from the Appellants, who allegedly destroyed the boundaries and subdivided the parcel into three resultant parcels. The Tribunal awarded the Respondent his 2 acres, and the Provincial Appeals Committee upheld that award, directing a surveyor to implement it and the court's executive officer to sign transfer documents. The Appellants argued the tribunals lacked jurisdiction over registered land. The court, canvassed by written submissions, framed a single issue: whether the Bumula District Land Disputes Tribunal acted ultra vires its jurisdiction. Applying section 3(1) of the repealed Land Disputes Tribunals Act and M'Marete v Republic, Kimote Musau and Republic v Karisa Chengo, the court held the dispute was essentially one of ownership of registered land arising from an alleged sale, beyond the tribunals' mandate. The appeal was allowed; both tribunal decisions were set aside, with each party bearing their own costs.
Key legal issues
#01
Whether the Bumula District Land Disputes Tribunal and the Provincial Land Disputes Appeal Tribunal had jurisdiction over a dispute concerning ownership of registered land arising from an alleged sale
Holding
The tribunals acted ultra vires their jurisdiction; their awards were set aside
Reasoning
Section 3(1) of the Land Disputes Tribunals Act limited tribunals to disputes over division or determination of boundaries, claims to occupy or work land, and trespass. The dispute here was primarily one of ownership of 2 acres arising from an alleged sale and purchase, a matter beyond the tribunals' statutory mandate. Following M'Marete and Kimote Musau, the awards were void for want of jurisdiction and were set aside.
p. 3
Legal principles established
#- Land Disputes Tribunals under section 3(1) of the Land Disputes Tribunals Act had no jurisdiction to determine title to or ownership of registered land, only boundary, occupation/work and trespass disputes
- Jurisdiction goes to the root of litigation; a decision rendered without jurisdiction is void ab initio
Court orders
#- 1.The decisions of the Provincial Land Dispute Appeals Committee and the Bumula Land Disputes Tribunal are hereby set aside
- 2.Parties shall bear their own costs in the instant Appeal and costs in the proceedings before the Tribunal and Appeals Committee
- On appeal from
- Bungula Chief Magistrate's Court (adopting award of Bumula District Land Disputes Tribunal and Provincial Land Disputes Appeal Tribunal, Kakamega)
- LDT No. 1 of 2009
- Jurisdiction invoked
- First appeal under section 78 of the Civil Procedure Act and Order 42 rules 24-26 of the Civil Procedure Rules, against adoption of a Land Disputes Tribunal award
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mukhanya & another v Wekesa (Environment and Land Appeal 17 of 2020) (24 October 2024) (Interim Judgment) [2024] KEELC 7455 (KLR)", Case Analysis (2024). Environment and Land Appeal 17 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7455/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.