Dominic Njagi Karong'o v Mathi Kairaria M'ranyu [2014] KEHC 272 (KLR)
- Court
- High Court of Kenya
- Case number
- 272
- Citation
- [2014] KEHC 272 (KLR)
- Decided
- 16 October 2014
The High Court has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees. Such cases should not be referred to this court.
Facts
The case involves an appeal from the Eastern Provincial Appeals Committee at Embu regarding a decision from the District Tribunal. The appeals were not concluded by the Provincial Appeals Committee.
Issues
- Whether the High Court has jurisdiction to hear appeals from the defunct Provincial Appeals Committees on issues of law only.
- Whether the High Court can hear appeals from concluded appeals of Provincial Appeals Committees before they were abolished.
Reasoning
The court follows the principles stated in the case of 'The MV SS Lilian' and the Supreme Court's decision in Samuel Kamau Macharia & Another Vs Kenya Commercial Bank, which emphasize that a court's jurisdiction is limited to what is conferred by the Constitution or other written law.
Outcome
The High Court has jurisdiction to hear appeals against decisions in matters which had been concluded by the defunct Provincial Appeals Committees before they were abolished.
Orders
- The High Court has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees.
- Such cases should not be referred to this court.
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act
Cases cited (1)
- The MV SS Lilian
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