Republic v Kipchana Kiboron & 3 others & another Ex-Parte Michael Bartenge [2013] KEHC 2446 (KLR)

Facts

The ex-parte Applicant filed a motion seeking an order of certiorari to quash the decision of Kaplamai Land Disputes Tribunal, which was adopted as judgment in Kitale Chief Magistrate's Court Land Case No. 42 of 2004. The Tribunal decided that the interested party gets 12 acres out of the 14 acres held by the ex-parte Applicant.

Issues

1. No claim was registered against the Applicant as required by Section 3(3) of the Land Disputes Tribunal Act.
2. The Applicant was never served with any claim as per section 3(4) of the Land Disputes Act.
3. The decision of the Tribunal was made by strangers who were not appointed as per Section 4 and 5 of the Land Disputes Tribunal Act.
4. The letter referred to as 'commitment' purported to be drawn by the Land Disputes Tribunal is unknown to the Applicant and was not of any importance to the evidence of the Respondent.

Reasoning

The decision of the Tribunal was made by unauthorized members who were not appointed as per the Land Disputes Tribunal Act. The District Commissioner acted contrary to the provisions of the Act by bringing two members from a different registration district and allowing a person who had not been gazetted to be a member of the Tribunal.

Outcome

The ex-parte Applicant's Notice of Motion dated 03/08/2012 is hereby allowed. The proceedings and decision of Kaplamai Land Disputes Tribunal as well as the subordinate Court proceedings in Kitale Senior Principal Magistrate's Court Land Case No. 42 of 2004 are hereby quashed.

Authorities cited