[2012] KEHC 208 (KLR)
The court found that the Tiriki West Division Land Disputes Tribunal exceeded its statutory jurisdiction by making a determination on land ownership and succession, matters which are expressly excluded from its mandate under Section 3(1) of the Land Disputes Tribunal Act No. 18 of 1990. As a result, both the...
Source-derived case information.
- Citation
- [2012] KEHC 208 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General for & on behalf of the Tiriki West Division Land Disputes Tribunal; Respondent: Senior Resident Magistrate, Hamisi Law Courts; Interested Party: Rabecca Omiti; Ex Parte Applicant: Charles Makuna Boi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 31 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Land Ownership Disputes, Certiorari, Prohibition Orders
- 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
Republic
Applicant
Attorney General for & on behalf of the Tiriki West Division Land Disputes Tribunal
Respondent
Senior Resident Magistrate, Hamisi Law Courts
Respondent
Rabecca Omiti
Interested Party
Charles Makuna Boi
Ex Parte Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
Legal Issues
- 1 Whether the Tiriki West Division Land Disputes Tribunal had jurisdiction to determine matters of land ownership and succession.
- 2 Whether the Tribunal's decision and its adoption by the Hamisi Court were null and void for want of jurisdiction.
Ratio Decidendi
The court found that the Tiriki West Division Land Disputes Tribunal exceeded its statutory jurisdiction by making a determination on land ownership and succession, matters which are expressly excluded from its mandate under Section 3(1) of the Land Disputes Tribunal Act No. 18 of 1990. As a result, both the Tribunal's award and its adoption by the Hamisi Court were nullities. The court held that any decision made without jurisdiction is void from the outset and cannot be validated by subsequent proceedings. Accordingly, the application for judicial review was allowed, and the orders of certiorari and prohibition were granted to quash the Tribunal's decision and prohibit its enforcement.
Court Disposition
application allowed
Orders
- Orders of certiorari and prohibition granted against the decision of the Tiriki West Division Land Disputes Tribunal in Case No. 31 of 2011 and the adoption of the award by Hamisi SRMC Misc. Application No. 9 of 2011.
- Each party to bear own costs.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Miscellaneous Civil Application 31 of 2011 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
IN THE MATTER OF AN APPLICATION BY CHARLES MAKUNE BOI FOR LEAVE TO APPLY FOR ORDERS OF JUDICIAL REVIEW
AND
IN THE MATTER OF THE DECISION OF THE TIRIKI WEST DIVISION LAND DISPUTES TRIBUNAL IN CASE NO. 31 OF 2011 DATED 31. 3.2011 IN RESPECT OF LAND PARCEL NO. NYANG’ORI/KAPSOTIK/025
AND
IN THE MATTER OF HAMISI SRM MSC. APPL. NO. 09 OF 2011 (ADOPTION OF THE AWARD ON 16. 6.2011)
BETWEEN
REPUBLIC ………………………………….................……………… APPLICANT
VERSUS
THE ATTORNEY GENERAL FOR & ON BEHALF OF THE TIRIKI WEST DIVISION
LAND DISPUTES TRIBUNAL …………….....................……. 1ST RESPONDENT
SENIOR RESIDENT MAGISTRA, HAMISI LAW COURTS ....2ND RESPONDENT
AND
RABECCA OMITI ………….....................…………………. INTERESTED PARTY
EX-PARTE: CHARLES MAKUNA BOI
R U L I N G
The Notice of Motion application dated 20. 7.11 seeks orders that the applicant be granted orders of Judicial Review and in particular Orders of Certiorari and Prohibition against the decision of the Tiriki West Division Land Disputes Tribunal vide its Case No. 31 of 2011 in respect of Land Parcel No. NYANG’ORI/KAPSOTIK/25 dated 18. 4.2011 and the proceedings of the Hamisi Court in Hamisi SRMC Misc. Application No. 9 of 2011 with specific reference to the reading of the said decision/award on 16. 6.2011 awaiting the Ruling of the said court on 7. 7.2011.
According to the statement of facts and the verifying affidavit, the Tribunal had no jurisdiction to determine matters of land ownership and therefore the Tribunals award and the subsequent adoption of the same by the court was a nullity. The Tribunal in its decision dated 18. 4.2011 made the following verdict.
“After a long discussion and deliberation from different witnesses, the elders ruled that Plot NYANG’ORI/KAPSOTIC/025 belongs to the remaining heirs of the deceased Mrs. Leba Lukhoji”
The said decision by the Tribunal encompassed both the question of land ownership and Succession issues.
The Tribunal therefore violated Section 3 (1) of the Land Disputes Tribunal Act No. 18 of 1990 which stipulates as follows:-
“Subject to this Act, all cases of a civil nature involving a dispute as to –
(a)The division of, or the determination of boundaries to land, including land held in common;
(b)A claim to occupy or work land; or
(c)Trespass to land.
Shall be heard and determined by a Tribunal established under section 4. ”
The Tribunal therefore acted without jurisdiction. The Tribunal’s decision is therefore void ab initioand ultra vires.
Consequently, the application is allowed. Each party to bear own costs.
Delivered, dated and signed at Kakamega this 18th day of December, 2012
B. THURANIRA JADEN
J U D G E