[2013] KEHC 2348 (KLR)
The court found that referring the dispute to the Njuri Ncheke Council of Elders aligns with constitutional mandates promoting alternative dispute resolution and community-based mechanisms for land disputes. The adoption of the parties' consent is consistent with both Article 159(2)(c) and Article 60(g) of the...
Source-derived case information.
- Citation
- [2013] KEHC 2348 (KLR)
- Parties
- Applicant: Lubuaru M'Imanyara; Respondent: Daniel Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 77 of 2012
- Procedural Posture
- Miscellaneous Application / Referral to Alternative Dispute Resolution
- Outcome
- Dispute referred to Njuri Ncheke Council of Elders for arbitration and determination; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Traditional Dispute Resolution, Community Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lubuaru M'Imanyara
Applicant
Daniel Murungi
Respondent
Procedural Posture
Miscellaneous Application / Referral to Alternative Dispute Resolution
Legal Issues
- 1 Whether the dispute should be referred to the Njuri Ncheke Council of Elders for arbitration and determination.
- 2 Whether such referral is consistent with the Constitution and principles of land policy.
Ratio Decidendi
The court found that referring the dispute to the Njuri Ncheke Council of Elders aligns with constitutional mandates promoting alternative dispute resolution and community-based mechanisms for land disputes. The adoption of the parties' consent is consistent with both Article 159(2)(c) and Article 60(g) of the Constitution, which encourage traditional dispute resolution and local community initiatives in land matters. The court therefore adopted the consent as an order, referring the dispute for arbitration and determination by the Njuri Ncheke Council of Elders.
Court Disposition
Dispute referred to Njuri Ncheke Council of Elders for arbitration and determination; no order as to costs.
Orders
- Maua Civil Case Number 149 of 2009 between Daniel Murungi (plaintiff) and Lubuaru M'Manyara (defendant) is referred for arbitration and determination before Njuri Ncheke Council of Elders of Laare Division, Meru County.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 77 OF 2012
LUBUARU M'IMANYARA............................................................APPLICANT
VERSUS
DANIEL MURUNGI.....................................................................RESPONDENT
R U L I N G
The parties herein have filed a consent seeking to have the dispute herein referred to the NJURI NCHEKE COUNCIL LAARE Division, Meru County.
Article 159 (2) (c) of the constitution enjoins this court to embrace as a guiding principle alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms. Article 60 (g) of the Constitution dictates that this Court should adopt, inter alia, the principle of land policy that encourages communities to settle land disputes through recognized local community initiatives consistent with the Constitution.
Referral of this dispute to the Njuri Ncheke is in congruence with the Constitutional provisions I have referred to. The said referral is consistent with the Constitution. The Njuri Ncheke Council of elders arrangement is a Meru traditional dispute settlement mechanism that can spawn positive dispute Settlement attributes.
The consent is adopted as an order of the court.
In the circumstances it is ordered as follows:
Maua Civil Case Number 149 of 2009 between Daniel Murungi (plaintiff) and Lubuaru M'Manyara (defendant) be referred for arbitration and determination before NJURI NCHKE COUNCIL OF ELDERS of LARE DIVISION, MERU COUNTY.
There is no order as to costs.
Delivered and Signed in Open court at Meru this 16th day of July, 2013, before:
Court Clerk;- Daniel
Mrs Ntarangwi for applicant
Daniel Murungi respondent – present
P. M. NJOROGE
JUDGE