[2014] KEHC 8612 (KLR)
The court determined that its jurisdiction to hear appeals from the defunct Provincial Land Disputes Appeals Committees is strictly limited to appeals on points of law arising from decisions that had been concluded by those committees before their abolition. Section 8(9) of the Land Disputes Tribunals Act expressly...
Source-derived case information.
- Citation
- [2014] KEHC 8612 (KLR)
- Parties
- Appellant: Kiriirio Muketha Kaanja; Respondent: Kaibiru Kirumba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 137 of 2013
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction
- Outcome
- The court lacks jurisdiction to hear appeals not concluded by the defunct Provincial Appeals Committees.
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of High Court, Appeals From Land Disputes Tribunals, Finality of Factual Findings, Customary Law as Fact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiriirio Muketha Kaanja
Appellant
Kaibiru Kirumba
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction
Legal Issues
- 1 Whether the High Court (ELC) has jurisdiction to hear appeals from Provincial Land Disputes Appeals Committees where appeals had not been concluded before abolition.
- 2 Whether appeals involving both fact and law can be entertained by the High Court under the Land Disputes Tribunals Act.
- 3 Whether the court can assume jurisdiction not expressly conferred by statute or the Constitution.
Ratio Decidendi
The court determined that its jurisdiction to hear appeals from the defunct Provincial Land Disputes Appeals Committees is strictly limited to appeals on points of law arising from decisions that had been concluded by those committees before their abolition. Section 8(9) of the Land Disputes Tribunals Act expressly provides for appeals to the High Court only on points of law and only from decisions of the Appeals Committee. Unconcluded appeals, which necessarily involve both factual and legal issues, do not fall within the court's appellate jurisdiction. Furthermore, questions of customary law are deemed to be questions of fact and are not appealable. The court emphasized that...
Court Disposition
The court lacks jurisdiction to hear appeals not concluded by the defunct Provincial Appeals Committees.
Orders
- Appeals not concluded by the defunct Provincial Appeals Committees shall not be referred to this court.
- These directions shall apply to all similar cases.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT
CIVIL APPEAL NO. 137 OF 2013
KIRIIRO MUKETHA KAANJA
VERSUS
KAIBIRU KIRUMBA
DIRECTIONS ON JURISDICTION REGARDING APPEALS FROM PROVINCIAL LAND DISPUTES APPEALS COMMITTEES
1. This matter came up for directions from the Registry on 7. 10. 2014. It concerns files coming from the Eastern Province Land Disputes Appeals Committee in cases where appeals had not been completed.
Section 8 of the Land Disputes Tribunals Act deals with Appeals to the Appeals Committee and to the High Court.
Section 8(8) states:
“The decision of the Appeals Committee shall be final on any issue of fact and no appeal shall lie therefrom to any court.”
4. Section 8(9) States:
“Either party to the appeal may appeal from the decision of the Appeals Committee to the High Court on a point of Law within sixty days from the date of the decision complained:
Provided that no appeal shall be admitted to hearing by the High Court unless a Judge of that Court has certified that an issue of law (other than customary Law) is involved.”
5. Section 8 (10) states:
“A question of Customary Law shall for all purposes under this Act be deemed to be a question of fact”
6. It is clear that this court can only take appeals from the defunct Provincial Appeals Committees on issues of law alone. Where the Provincial Appeals Committees had not concluded Appeals from District Tribunals, such matters involve both issues of fact and law.
7. Jurisdiction as stated in the case of “The MV SS Lilian” [1989] KLR 1 is everything. I quote the Hon. Justice Nyarangi, J., as opining. “Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.”
8. The Supreme Court, in application No. 2 of 2011, Samuel Kamau Macharia & Another Vs Kenya Commercial Bank, at paragraph 68 eruditely and laconically stated:
“A Court's Jurisdiction follows from either the Constitution or Legislation or both. Thus, a Court of Law can only exercise Jurisdiction conferred by the Constitution or other written law. It cannot arrogate to itself Jurisdiction exceeding that which is conferred upon it by law.”
9 The ELC hears appeals from concluded appeals of Provincial Appeals Committees on issues of law only. Unconcluded appeals spawn both issues of fact and law. Furthermore, section 8 (9) of the defunct Land Disputes Tribunal Act makes it clear that appeals from Provincial Appeals Committees are against decisions of the Appeals Committee. Obviously, this provision does not countenance hearing matters in which decisions have not been made.
10. In the circumstances, I find that the ELC has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees. Such cases should not be referred to this court. I reiterate that this court cannot arrogate unto itself jurisdiction which has not been anchored upon constitutional or statutory provisions.
11. This court has jurisdiction to hear appeals against decisions in matters which had been concluded by the defunct Provincial Appeals Committees before they were abolished.
12. These directions should apply to all similar cases. Let the registry and all other concerned parties be guided appropriately.
It is so ordered.
Dated at Meru this 7th day of October, 2014 in the presence of:
Daniel/Onderi
P. M. NJOROGE
JUDGE