[2023] KEELC 20893 (KLR)
The Environment and Land Court lacks jurisdiction to enforce or implement the award of the Land Disputes Tribunal under the repealed Land Disputes Tribunal Act. The proper forum for enforcement is the Magistrates’ Court, which is vested with the statutory mandate to adopt and execute tribunal awards. The applicant...
Source-derived case information.
- Citation
- [2023] KEELC 20893 (KLR)
- Parties
- Applicant: Monica Kabura Mwaura; Respondent: Wainaina Parkinyaru C/O Muntati Wainaina
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E060 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Enforcement of Tribunal Award
- Outcome
- Application transferred to the Chief Magistrates’ Court Kajiado for further action; no orders granted on enforcement or damages.
- Judges
- MN Gicheru
- Legal Topics
- Enforcement of Tribunal Awards, Jurisdiction of Magistrates Court, Transfer of Land, Execution of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Monica Kabura Mwaura
Applicant
Wainaina Parkinyaru C/O Muntati Wainaina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Enforcement of Tribunal Award
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to enforce the Land Disputes Tribunal award.
- 2 Whether the award of the Land Disputes Tribunal was adopted as a judgment of the Magistrates’ Court.
- 3 Whether the applicant is entitled to enforcement, damages, and ancillary orders.
Ratio Decidendi
The Environment and Land Court lacks jurisdiction to enforce or implement the award of the Land Disputes Tribunal under the repealed Land Disputes Tribunal Act. The proper forum for enforcement is the Magistrates’ Court, which is vested with the statutory mandate to adopt and execute tribunal awards. The applicant failed to demonstrate that the award was adopted as a judgment of the Magistrates’ Court, and regardless, the Environment and Land Court cannot grant the orders sought. Accordingly, the matter is transferred to the Chief Magistrates’ Court Kajiado for further action.
Court Disposition
Application transferred to the Chief Magistrates’ Court Kajiado for further action; no orders granted on enforcement or damages.
Orders
- The case is transferred to the Chief Magistrates’ Court Kajiado for further action.
Full Case Text
Judgment text and source record
19 paragraphs
Mwaura v Parkinyaru c/o Muntati Wainaina (Environment and Land Miscellaneous Application E060 of 2021) [2023] KEELC 20893 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20893 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Miscellaneous Application E060 of 2021
MN Gicheru, J
October 24, 2023
Between
Monica Kabura Mwaura
Applicant
and
Wainaina Parkinyaru C/O Muntati Wainaina
Respondent
Ruling
1. This ruling is on the notice of motion dated 27/9/2021. The motion which is brought under Section 7 of the Land Disputes Tribunal Act, Cap 303 A (now repealed) and all enabling provisions of the law seeks the following orders.i.That this court confirms and enforces the award of Land Disputes Tribunal of Kajiado North District made on 1/8/2012 between Monica Kabura as claimant and Wainaina Parlkinyaru as the objector.ii.That this court appoints its executive officer to sign all the transfer documents in the event the Respondent’s family fails to comply.iii.That the court awards damages for failure of the Respondent to comply with the award of the Tribunal in addition to interest therein.iv.That costs of this application be provided for.
2. The motion is supported by an affidavit sworn by the applicant dated 27/9/2021 in which she deposes, inter alia, that the decision of the tribunal remains unexecuted and it was in favour of the Applicant. It was to the effect that the deceased Respondent do transfer 5 acres out of plot no. 19 Kitengela Group Ranch to the Applicant. Annexed to the affidavit are several documents which include the award of the Land Disputes Tribunal, Kajiado North District dated 1/8/2012.
3. I have considered the motion in its entirety and I direct as follows.i.Under the repealed Land Disputes Tribunal Act (Act No 18 of 1990), jurisdiction to implement the award of the Tribunal vested in the Magistrates’ court. It is therefore the Magistrates’ Court to deal with this matter.Secondly, on 1/11/2021 and again on 25/11/2021, the Applicant was expected to specify if the award of the tribunal was adopted as a judgment of the court by the Magistrates’ Court but she has not done so.Whatever the case, the jurisdiction to implement the tribunal’s decision squarely lies with the Magistrates’ Court. The case is hereby transferred to the Chief Magistrates’ Court Kajiado for further action.
It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 24TH DAY OF OCTOBER, 2023. M.N. GICHERUJUDGE