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|Case Number:||Misc Civ Appli 139 of 2005|
|Parties:||REPUBLIC v CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL|
|Date Delivered:||04 Jul 2007|
|Court:||High Court at Embu|
|Judge(s):||Joyce Nuku Khaminwa|
|Citation:||REPUBLIC v CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
HIGH COURT AT EMBU
Misc Civ Appli 139 of 2005
CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL..…DEFENDANT
Notice of Motion dated 19/9/2005 seeks orders of certiorari to quash the decision of the Kiharu Division Land Disputes Tribunal Case No.56/2005 and proceedings in Murang’a Senior Principal Magistrate’s Court in L.D.T No. 82/05 in respect of Plot No.Loc. 15/Mugeka/764. The statutory statement of facts shows that the said piece of land is registered in the names of James Maina Gitau and Peterson Mwangi. This is shown in exhibit JMG. 1 The second proprietor was a minor. The other ground is that the Tribunal has no jurisdiction to deal with ownership of land under the statute establishing the same Land Disputes Tribunal Act 18/199 section 3 (1) of which sets out the matters that the Tribunals may deal with.
The application is supported on oath by affidavit of Exparte Applicant with annextures attached. I have perused the judgment of the Tribunal the first paragraph reads “The statements of the plaintiffs and defendant reveal that the case is between the sons and their father on sharing the land of the father”
The tribunal has not authority to compel the father to share his land to his children during his time unless he does so willingly. As he has changed his mind the Tribunal cannot compel him to do so as the sons have no rights that can be enforced by a court of law.
I therefore find that the Tribunal made decisions outside the law and I find that the same are ultra vires.
I allow the application and grant orders sought.
No order as to costs.
Dated this 4th July, 2007.
J. N. KHAMINWA
Khaminwa – Judge
Njue – Clerk
M/s Mwaniki HB for Gacheru
James appearing in person.
Ruling read in open court.
J. N. KHAMINWA