The Court of Appeal has directed the Environment and Land Court in Garissa to revisit a longstanding land dispute involving Wario Jilo and Yussuf Ali Sala, after finding that the High Court failed to determine a key jurisdictional issue.
In a judgment delivered by Justices W. Karanja, L. Achode, and G.V. Odunga, the appellate court faulted the High Court’s handling of the matter, noting that Justice Cherono erred by dismissing the case without fully addressing whether the Madogo Land Disputes Tribunal (MLDT) was legally constituted when it made its award in 2011.
The dispute began when Wario Jilo filed an award from the MLDT in the Chief Magistrate’s Court in 2011, seeking its adoption. The court declined, citing the tribunal’s lack of jurisdiction following the repeal of the Land Disputes Tribunal Act in 2011. Jilo appealed to the High Court, but his case was again dismissed.
The Court of Appeal has now ruled that the High Court should have first determined whether the MLDT had legal authority when issuing its decision a point neither party was invited to address in the earlier hearing. “The learned Judge ought to have heard both parties on the jurisdictional question… or whether it was preserved by transitional provisions,” the appellate bench held.
The Court has returned the matter to the Garissa High Court for fresh determination on jurisdiction, instructing that it be heard by a different judge. Costs will await the outcome of that hearing.
This decision reinforces the importance of jurisdictional clarity and proper procedure when dealing with cases arising from repealed legislation.
