REPUBLIC v GICHUGU DIVISION LAND DISPUTES TRIBUNAL & 3 OTHERS [2010] KEHC 1989 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU

Miscellaneous Application 146 of 2009

REPUBLIC……………….……………...............................…...………APPLICANT

VERSUS

GICHUGUDIVISIONLANDDISPUTESTRIBUNAL & 3 OTHERS.…RESPONDENT

R U L I N G

The ex-parte applicant has with the leave of the court filed the notice of motion dated 26/02/2010 for the following order:-

“That the ex parte applicant named herein be granted an order of certiorari to remove in to the High Court and quash the award of Gichugu Land Disputes Tribunal and the subsequent order of Kerugoya Resident Magistrate adopting the Award as judgment of the court on 17th November, 2009 with respect to land parcel No. KABARE/NGIROCHE/454 in Land Disputes Tribunal Case No. 53 of 2009, Kerugoya.”

The main ground on which the application is premised is that of lack of jurisdiction on the part of the Tribunal.

In its award, the Tribunal made the following orders inter alia;

1. That the land parcel No. KABARA/NGIROCHE/454 which is registered in the names of GATHUMBI GATONYAand MONICA NJOKI GATHUMBI to be sub-divided and distributed as follows;

(i)MONICA NJOKI GATHUMBI

EMMA NJERI NJOKI1 ½ Acres

CATHERINE KARIMI NJOKIjointly

KELVIN MITHAMO NJOKI

(ii)GATHUMBI GATONYA to get 1 ½ Acres to be life interest to GEORGE MUCHIRA GATHUMBI

2. The joint proprietorship to be cancelled.

The jurisdiction of the Land Disputes tribunal is clearly set out in Section 3(1) of the Lands Disputes Tribunal Act.The same stipulates that the Tribunal shall hear and determine the following cases:-

(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.

This jurisdiction therefore clearly excludes jurisdiction to determine ownership of registered land, and also cancellation or amendment of Title Deeds which are the preserve of the normal civil courts.

The Tribunal therefore acted in excess of its jurisdiction when it purported to cancel the joint Title Deed of the ex-parte Applicant and the 3rd Respondent herein.

Their decision therefore was a nullity and it calls for quashing.The notice of motion dated 26. 02. 2010 has merit.The same is hereby allowed.The said decision is removed into this court and it is herby quashed.Each party will bear its own costs.

W. KARANJA

JUDGE

Delivered, dated and signed at Embu this 19th of July 2010.

In presence of:- Mr. Ngare for Mr. Ngigi Gichoya for ex-parte Applicant.