Republic v North Kinangop Land Tribunal & 2 others Ex-parte David Muthee Mburu (Judicial Review 51 of 2012) [2015] KEELC 453 (KLR) (13 May 2015)
- Court
- Environment & Land Court
- Case number
- 453
- Citation
- [2015] KEELC 453 (KLR)
- Decided
- 13 May 2015
Summary at a glance
TypeJudicial ReviewPostureApplication for certiorari to quash decreeCoramMUNYAO SILA
The decree is quashed as the tribunal had no jurisdiction to make the award.
Facts
The applicant, David Muthee Mburu, contributed Kshs. 20,000 towards the purchase of a land parcel. The North Kinangop Land Disputes Tribunal awarded him 1/4 acre of the land, which he contested.
Issues
- Tribunal's jurisdiction
- Decree validity
Reasoning
The Land Disputes Tribunal's jurisdiction was limited to disputes related to land boundaries, occupation, and trespass. The award of land ownership and subdivision was outside its jurisdiction.
Outcome
Application granted, decree quashed
Orders
- Decree in Nyahururu Land Disputes Tribunal Case No. 51 of 2012 quashed
Remedies
- Each party to bear their own costs
Authorities cited
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