[2010] KEHC 2065 (KLR)
The court found that the Land Disputes Tribunal exceeded its statutory jurisdiction by making an award that subdivided and transferred ownership of the applicant's land to the interested parties. The tribunal's powers are strictly limited to trespass, boundary, and customary rights disputes, and do not include the...
Source-derived case information.
- Citation
- [2010] KEHC 2065 (KLR)
- Parties
- Applicant: Kipng’etich Arap Busienei; Respondent: Ol’lessor Land Dispute Tribunal; Respondent: Nandi South District Land Registrar; Respondent: Principal Magistrate’s Kapsabet; Interested Party: Willy Kipserem Kisarmoi; Interested Party: Romana Too
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 700 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Judicial Review Application
- Outcome
- Application granted; tribunal award and adoption quashed.
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Judicial Review, Land Ownership, Subdivision of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipng’etich Arap Busienei
Applicant
Ol’lessor Land Dispute Tribunal
Respondent
Nandi South District Land Registrar
Respondent
Principal Magistrate’s Kapsabet
Respondent
Willy Kipserem Kisarmoi
Interested Party
Romana Too
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Judicial Review Application
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to order subdivision and transfer of ownership of land.
- 2 Whether the adoption of the tribunal's award by the Principal Magistrate's Court was lawful.
Ratio Decidendi
The court found that the Land Disputes Tribunal exceeded its statutory jurisdiction by making an award that subdivided and transferred ownership of the applicant's land to the interested parties. The tribunal's powers are strictly limited to trespass, boundary, and customary rights disputes, and do not include the authority to determine ownership or order subdivision of land. The adoption of the tribunal's award by the Principal Magistrate's Court was therefore unlawful. The court granted the application for judicial review, quashing the tribunal's award and the subsequent adoption by the magistrate's court, with costs to the applicant.
Court Disposition
Application granted; tribunal award and adoption quashed.
Orders
- The award of the Ol’lessor Land Disputes Tribunal in Case No. 1/06 is quashed.
- The adoption of the award by the Principal Magistrate’s Court at Kapsabet in PMCC Land Disputes Tribunal No. 13/06 is quashed.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET Miscellaneous Application 700 of 2006
KIPNG’ETICH ARAP BUSIENEI........ ............................................APPLICANT
VERSUS
OL’ESSOR LAND DISPUTE TRIBUNAL)
NANDI SOUTH DISTRICT LAND REGISTRAR)
PRINCIPAL MAGISTRATE’S KAPSABET).........................RESPONDENTS
1. WILLY KIPSEREM KISARMOI..................................INTERESTED PARTY
2. ROMANA TOO................................................................INTERSTED PARTY
RULING
I.Background:
1. The applicant herein is the sale proprietor of parcel of land trading on Nandi/Koyeat/203 or Nandi/Kailot 203 measuring 34 actares or there about.
2. The land disputes tribunal at Ol’lessos in these Case No claim 1/06 heard a dispute and made award sub dividing the said piece of land to 1 and 2 interested party.
3. The award was adopted by the 3rd respondent being the Principal Magistrates court at Kapsabet on the 22 June 2006 in PMCC Land Disputes Tribunal No. 13/06.
4. The said orders were contrary to the powers given to the said tribunal and application to having judicial review proceedings were granted. That the said leave being granted, substantial notice of motion was filed.
II.Application:
5. The exparte applicant herein submitted that the Lands Disputes Tribunal exceeded their powers. This was indeed agreed upon by the advocate for the interested parties and the state.
III.Findings
6. The lands disputes tribunal has ownership of land, to the extent that they give the same by way of sub division, to other parties.
7. The powers of the tribunal is limited to customary law trespass and boundary disputes.
8. The application herein is granted to the exparte applicant as prayed with costs.
Dated this 21st day of April, 2010 at Eldoret.
M. A. ANG’AWA
JUDGE
Advocates
A.K. Chepkonga Advocate by the Firm of M/s Chepkonga & Company Advocate
for the Applicant.
L. Kittony Advocate by the Firm of M/s Ledisha Kittony & Company Advocate
for the interested party.
Ms. C. Oyula for State Counsel instructed by the Attorney General