Republic v Kitui District Land Disputes Tribunal & 2 others Exparte Mbiti Kasango & another [2012] KEHC 1903 (KLR)
- Court
- High Court of Kenya
- Case number
- 1903
- Citation
- [2012] KEHC 1903 (KLR)
- Decided
- 8 October 2012
The Tribunal's decision is ultra vires, null and void due to lack of jurisdiction, and is quashed through certiorari.
Facts
The applicant, Mbiti Kasango and Sila Kasango, sought judicial review of the decision of the Kitui District Land Disputes Tribunal and the subsequent order of the Kitui Resident Magistrate. The application was opposed by the respondents, Kitui District Land Disputes Tribunal, Kitui Senior Resident Magistrate, and the Attorney General. Peter Musyoka Mwanzia was named as an interested party.
Issues
- Whether the Notice of Motion is incompetent.
- Whether the Tribunal had jurisdiction.
Reasoning
The Tribunal's decision to award land to Peter Musyoka Mwanzia and advise the Land Registrar to give the land a number under that name was not within its jurisdiction as per Section 3(1) of the Land Disputes Tribunal Act No. 18 of 1990.
Outcome
The application is allowed, and the decision of the Kitui Resident Magistrate and the Kitui Land Disputes Tribunal is quashed through certiorari.
Orders
- Quash the decision of the Kitui Resident Magistrate and the Kitui Land Disputes Tribunal through certiorari.
- Costs to the ex parte applicants from the Interested Party.
Remedies
- Quashing of the Tribunal's decision through certiorari.
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act No. 18 of 1990
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