KIUNGA MURIUKI v CENTRAL PROVINCE LAND DISPUTES APPEAL TRIBUNAL & 2 Others, INTERESTED PARTY EDITH KARIUKO KIBICHO & 2 Others [2011] KEHC 391 (KLR)

Facts

The Applicant, KIUNGA MURIUKI, seeks leave to file Judicial Review for Orders of Certiorari and Prohibition quashing Orders made by the Central Province Land Disputes Appeals Tribunal and the Mwea Division Land Disputes Tribunal and the Judgment of Wang’uru Resident Magistrate’s Court in respect of Land Parcel Title No.MWEA/TEBERE/B/28 registered in the name of the Applicant. The 1st Interested Party, EDITH KARIUKO KIBICHO, filed a Replying affidavit stating they are entitled to utilize the land just as the Applicant is.

Issues

1. Whether the Central Province Land Disputes Appeals Tribunal and the Mwea Division Land Disputes Tribunal have jurisdiction to hear disputes over title to land.
2. Whether the Applicant has an arguable case.

Reasoning

The court of Appeal held that the Land Disputes Tribunals and the Land Disputes Appeals Committees do not have jurisdiction to hear disputes over title to land. The Applicant has an arguable case.

Outcome

The Application is granted.

Authorities cited