FELIX MATHENGE MURAGE v CHAIRMAN LAND DISPUTE TRIBUNAL, BARICHO RESIDENT MAGISTRATE COURT AND TABITHA NGONYO KARIUKI [2007] KEHC 130 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT EMBU

MISC CIV APPLI 181 OF 2005

FELIX MATHENGE MURAGE ……………………..………………….APPLICANT

VERSUS

CHAIRMAN LAND DISPUTE TRIBUNAL……...............……1ST RESPONDENT

BARICHO RESIDENT MAGISTRATE COURT……......……2ND RESPONDENT

TABITHA NGONYO KARIUKI……………...………….………3RD RESPONDENT

RULING

Application dated 20/4/2006 seeks order of certiorari to quash the award made on 5/8/2005 by Ndia Land Disputes Tribunal and the Judgment and decree adopted by Baricho Resident Magistrate’s Court Land Dispute Tribunal No. 14/2005. Applicant also prays for costs.  The application is supported by statement dated 6/12/2005 which shows that the award was in respect of ownership Mwerua/Kagioini/881 which ordered subdivision of the land into two portions.

From the record it clear the land is Registered and the members of the Tribunal found that the dispute was a succession matter.  However the Tribunal ordered the title No. Mwerua/Kagioini/881 he cancelled and the land be subdivided into 2 portions.  The applicant states that the Tribunal had no jurisdiction to deal with ownership of registered land.  Provisions of Section 3 Land Disputes Act 18/90 do not empower the Tribunal to deal with ownership of  registered land. The provisions of Registered Land Act confers an absolute title to a registered owner and the jurisdiction to deal with issues arising is not granted to the Tribunals.   I therefore find that the Tribunal acted without jurisdiction and therefore the award is a nullity.  The Resident Magistrate Baricho acted in error entering judgment that was a nullity.

I allow the Application and grant orders as prayed.

Dated this 27th July, 2007.

27/7/2007

Khaminwa – Judge

Njue – Clerk

Read today in open court in presence of Mr. Njiru HB for Magee.

J. N. KHAMINWA

JUDGE