PHILLIP NYANGWESO KHATERA V WILLIAN SHIMONYERE [2012] KEHC 1372 (KLR)
- Court
- High Court of Kenya
- Case number
- 1372
- Citation
- [2012] KEHC 1372 (KLR)
- Decided
- 24 September 2012
The appeal is allowed. The decision of the Appeals Committee is null and void due to the illegality of its constituted members. The dispute remains undetermined. Each party will meet their own costs.
Facts
The appellant, Phillip Nyangweso Khatera, appealed against a decision of the Kakamega Municipality Division Tribunal, which ordered him to revert to the original boundary and to meet the costs incurred in the proceedings. The appellant claimed that the respondent, Willian Shimonyere, had no locus standi to represent Embwamba Baptist Church.
Issues
- Appeals Committee's decision on locus standi
- Appeals Committee's composition
- Appeals Committee's jurisdiction
- Appeals Committee's decision on issue of fact
Reasoning
The Appeals Committee's decision on locus standi, composition, and jurisdiction was flawed. The Appeals Committee's decision on issue of fact is final and no appeal can lie therefrom. The claim was a boundary dispute, and the Appeals Committee was illegally constituted.
Outcome
Appeal allowed
Orders
- Each party to meet own costs
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act 1990
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