BONIFACE KIRWERE NJOGU V DISTRICT LAND DISPUTE TRIBUNAL & 2 OTHERS [2013] KEELRC 316 (KLR)
The bottom line
#Kenya's High Court quashed a Land Disputes Tribunal award because tribunals cannot decide land ownership disputes—only courts can.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of Land Disputes Tribunals over title disputes
The Tribunal acted beyond its statutory jurisdiction by determining a dispute over ownership of MWEA/TEBERE/B/1297 and ordering its subdivision and transfer; such jurisdiction rested exclusively with the court.
Section 3 of the Land Disputes Tribunal Act No. 18 of 1990 limited Tribunals to boundary disputes, claims to occupy or work land, and trespass. The dispute here concerned ownership of registered land and an order to subdivide and transfer 4 acres, which falls outside those heads and within the court's jurisdiction under the Registered Land Act and Land Registration Act. The Tribunal's award was therefore ultra vires and a nullity.
Quashing of the magistrate's decree adopting the award
The SRM's court decree adopting the ultra vires award was itself ultra vires and a nullity and was quashed.
Since the Tribunal's award was a nullity for want of jurisdiction, the decree adopting it as judgment of the Wang'uru SRM's court in Arbitration Case No. 7 of 2011 was equally ultra vires. The court exercised its judicial review powers to call up and quash both the award and the decree together with all consequential orders.
Legal principles established
#- A Land Disputes Tribunal established under the Land Disputes Tribunal Act had no jurisdiction to hear and determine a dispute relating to title to or ownership of land; its jurisdiction was limited to division or determination of boundaries, claims to occupy or work land, and trespass.
- Jurisdiction to order subdivision and transfer of registered land belongs to the court under Section 159 of the repealed Registered Land Act and Section 80 of the Land Registration Act.
- A decree adopting an ultra vires Tribunal award is a nullity and amenable to judicial review.
Court orders
#- 1.The award of the Kirinyaga South District Land Dispute Tribunal in case No. MWEA CON LND 8/2 VOL IV/7 dated 3rd March 2011 is called into the High Court and quashed forthwith
- 2.The decree of the Senior Resident Magistrate's Court at Wang'uru in Wang'uru SRM Arbitration Case No. 7 of 2011 dated 5th May 2011 adopting the award is quashed
- 3.Any consequential orders flowing from the award and decree are quashed
- 4.Each party to bear their own costs of the application
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (leave obtained on 20th June 2011) over ultra vires Tribunal award and decree
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "BONIFACE KIRWERE NJOGU V DISTRICT LAND DISPUTE TRIBUNAL & 2 OTHERS [2013] KEELRC 316 (KLR)", Case Analysis (2013). Judicial Review (Notice of Motion dated 24th June 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/316/eng@2013-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.