Republic v Attorney General & 3 others Ex Parte Peter Mungai Kimani & another [2014] KEHC 7975 (KLR)

Facts

The applicants, Peter Mungai Kimani and Duncan Mbichi, are registered owners of land in Kajiado, Kenya. The interested party encroached on the land and denied the applicants access to it. The interested party had previously initiated proceedings in Kajiado Land Disputes Tribunal Case No. 138 of 2001, which was unsuccessful due to lack of jurisdiction. The land was subsequently sold to the applicants, and the interested party then initiated proceedings in Kajiado Land Disputes Tribunal Case No. 7 of 2008.

Issues

1. Whether the Kajiado Senior Resident Magistrate Court (SRMC) had jurisdiction to adopt the award from the Kajiado Land Disputes Tribunal (LDT) in Case No. 7 of 2008.
2. Whether the Environment and Land Court Act, 2011, which repealed the Land Disputes Tribunal Act, 1990, allowed the SRMC to adopt the award from the LDT.

Reasoning

The Court reasoned that the Land Disputes Tribunal Act, 1990, did not allow the SRMC to alter, amend, set aside, or review the Tribunal's award. The Court also noted that the Environment and Land Court Act, 2011, had repealed the Land Disputes Tribunal Act, 1990, and that the repeal was justified due to the Act's abuse and failure to achieve its objectives.

Outcome

The Court dismissed the applicants' application for certiorari.

Authorities cited