[2020] KEELC 2788 (KLR)

[2020] KEELC 2788 (KLR)

The court found that the 1st Respondent, a Task Force constituted by the County Government of Machakos, lacked jurisdiction under the Co-operative Societies Act or any other law to hear and determine land disputes, particularly those involving non-members of the Society. The Gazette Notices and terms of reference relied upon by the Respondents did not confer such powers, and the relevant statutory provisions did not authorize the Task Force to adjudicate land disputes. Jurisdiction over land disputes is exclusively vested in the Environment and Land Court and the Magistrate’s Court by the Constitution and the Environment and Land Court Act. As such, the decision of the 1st Respondent...

Citation
[2020] KEELC 2788 (KLR)
Parties
Applicant: Republic; Respondent: Co-operative Development Katelembo Task Force; Respondent: County Co-operative Commissioner Machakos; Applicant: Raphael Paul Katumo Nindi; Interested Party: Joseph Mutisya; Interested Party: Charles Mutisya; Interested Party: Josephat Mulwa Maingi; Interested Party: Katelembo Athiani Mupuiti Ranching and Farming Co-operative Society Ltd
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
8 May 2020
Case Number
Environment and Land Judicial Review Case 37 of 2018
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application allowed. Decision of the 1st Respondent quashed for want of jurisdiction.
Judges
OA Angote
Legal Topics
Judicial Review, Jurisdiction of Tribunals, Ultra Vires Decisions, Land Disputes, Natural Justice, Public Body Powers
Source Language
English
Land and Property Administrative Law Judicial Review Jurisdiction of Tribunals Ultra Vires Decisions Land Disputes Natural Justice Public Body Powers

Case Brief

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Parties

Republic

Applicant

Co-operative Development Katelembo Task Force

Respondent

County Co-operative Commissioner Machakos

Respondent

Raphael Paul Katumo Nindi

Applicant

Joseph Mutisya

Interested Party

Charles Mutisya

Interested Party

Josephat Mulwa Maingi

Interested Party

Katelembo Athiani Mupuiti Ranching and Farming Co-operative Society Ltd

Interested Party

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the 1st Respondent had jurisdiction to make the determination of 16th August, 2018.
  2. 2 Whether the Ex-parte Applicant was given an opportunity to be heard.
  3. 3 Whether the decision of the 1st Respondent was tainted with unreasonableness, bad faith and unproportionality.

Ratio Decidendi

The court found that the 1st Respondent, a Task Force constituted by the County Government of Machakos, lacked jurisdiction under the Co-operative Societies Act or any other law to hear and determine land disputes, particularly those involving non-members of the Society. The Gazette Notices and terms of reference relied upon by the Respondents did not confer such powers, and the relevant statutory provisions did not authorize the Task Force to adjudicate land disputes. Jurisdiction over land disputes is exclusively vested in the Environment and Land Court and the Magistrate’s Court by the Constitution and the Environment and Land Court Act. As such, the decision of the 1st Respondent...

Court Disposition

Application allowed. Decision of the 1st Respondent quashed for want of jurisdiction.

Orders

  • An order of certiorari is issued removing into this court and quashing the decision dated 16th August, 2018 by the Katelembo Athiani Muputi Farming and Ranching Co-operative Society Limited – Task Force.
  • Each party to bear his/its own costs.