[2007] KEHC 141 (KLR)
The High Court held that its jurisdiction in judicial review proceedings is confined to reviewing the legality of decisions made by statutory bodies, not to adjudicating private disputes or granting substantive reliefs such as eviction or possession. After quashing the Land Disputes Tribunal award and the decree...
Source-derived case information.
- Citation
- [2007] KEHC 141 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Mwea L.D.T; Respondent: Mwea Land Disputes Tribunal; Respondent: Sophia Wambura Munyi; Respondent: Isaack Muriuki Munyi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 102 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Eviction and Possession
- Outcome
- application dismissed
- Legal Topics
- Judicial Review, Land Disputes Tribunal Awards, Eviction Orders, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Mwea L.D.T
Respondent
Mwea Land Disputes Tribunal
Respondent
Sophia Wambura Munyi
Respondent
Isaack Muriuki Munyi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Eviction and Possession
Legal Issues
- 1 Whether the High Court can grant eviction and possession orders in judicial review proceedings after quashing a Land Disputes Tribunal award.
- 2 Whether the applicant, as a non-party to the original proceedings, can seek enforcement of rights through the present motion.
- 3 Whether the High Court is functus officio after delivering its judgment in judicial review.
Ratio Decidendi
The High Court held that its jurisdiction in judicial review proceedings is confined to reviewing the legality of decisions made by statutory bodies, not to adjudicating private disputes or granting substantive reliefs such as eviction or possession. After quashing the Land Disputes Tribunal award and the decree adopting it, the court became functus officio and could not entertain further applications for enforcement or possession in the same proceedings. The applicant, not being a party to the original judicial review, was advised to pursue his claims in other appropriate forums. The motion for eviction and possession was therefore dismissed as invalid.
Court Disposition
application dismissed
Orders
- The Notice of Motion seeking eviction and possession is dismissed.
- The applicant is at liberty to pursue his claims in other appropriate forums.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT EMBU
Misc Civ Appli 102 of 2005
REPUBLIC………………………………….………………………..APPLICANT
VERSUS
CHAIRMAN MWEA L.D.T………………………...........……1ST RESPONDENT
MWEA LAND DISPUTES TRIBUNAL…………..........……2ND RESPONDENT
SOPHIA WAMBURA MUNYI…………………….…………3,RD RESPONDENT
ISAACK MURIUKI MUNYI…………………………...……….4TH RESPONDENT
RULING
There is before the court a Notice of Motion seeking orders by a party described as Affected Party/Applicant seeking orders:-
1. THAT 3RD Respondent Sophia Wambura Munyi and 4th Respondent Isaac Muriuki Munyi be forcefully removed from Rice Holding No. 1620 within Mwea Section Irrigation Scheme and the affected applicant Patrick Waweru Munyi be put in exclusive possession of the Rice holding.
2. that eviction be carried out by M/s Quickline Auctioneers
3. that the OCS Wang’uru be ordered to provide security during the eviction
4. and costs.
The ground relied upon is that the Respondents continue to occupy the rice holding on the strength of the nullified award of the Land Disputes Tribunal that the Respondent is an unauthorized person in Rice Holding 1620.
The dispute as stated arose from the judgment of this court in Judicial Review Cause No. 102 of 2005 in which this court quashed the award of Land Disputes Tribunal and the decision of the Resident Magistrate Wang’uru adopting the award as decree of court.
The award of Tribunal in connection with Rice holding No. 1620 allocated 2 acres each to Isaac M. Munyi and Wanjira Munyi and Sophia Wambura and Lucy Wakaria one acre. The present Applicant was not a party to the judicial proceedings. He did not participate.
However it is shown that he is the registered licencee of the Rice Holding 1620 and he says so in his Supporting Affidavit. In its ruling in Judicial Review this court quashed the award and decree made in the Tribunal proceedings. This court said that the jurisdiction of judicial review is to check the exercise of power granted to statutory bodies as against the citizens who may have their rights breached by the exercise such powers. “The jurisdiction is not to sought out private disputes.”Further the High Court in its Judicial Review proceedings is not mandated to replace its own decision with that of the Tribunal. The powers of High Court is to quash such of decisions of statutory bodies as are found to have been reached without jurisdiction. The judgment of court in Judicial Review is final but subject only to the right of Appeal granted by law. The court therefore becomes functius officio upon pronouncing judgment. The motion now filed in this judicial Review is invalid and the same is hereby dismissed. The applicant is at liberty to take up his claims in other appropriate forums.
The costs of this application are awarded to the Respondent.
Orders accordingly.
Dated this 10th July, 2007.
J. N. KHAMINWA
JUDGE
10/7. 2007
Khaminwa – Judge
Njue – Clerk
M/s Wairimu present
N/A
Ruling read in open court.
J. N. KHAMINWA
JUDGE