The proposed Land and Environment Court Bill, 2011 proposes to repeal the Land Disputes Tribunal Act (LDTA). I think the LDTA was a political palliative for the wananchi. The thinking at the time was that the wananchi would be happy to have their disputes resolved by the wazees rather than the courts which were considered. This Part III of the Magistrates Court Act was thus repealed to pave way for the Land Disputes Tribunals. I don’t think the Act was useful in resolving land problems because it turned out that the High Court held, in several judicial review cases, that the Tribunals had no jurisdiction to deal with matters affecting title to land. The repeal of the land jurisdiction of the Magistrates Court, merely meant that the High Court took up most of the cases relating to land. Repeal of the Land Disputes Tribunal Act without more will put enormous pressure on the proposed Environment and Land Court. This provision should be accompanied by a suitable amendment to the Magistrates Court Act enabling subordinate courts to deal with a defined class of land cases..
6 comments:
THE ACT WAS APPEALED BUT WE STILL HAVE SOME MAGISTRATES REFERRING MATTERS TO THE SAME TRIBUNALS. THE CHIEF JUSTICE SHOULD INFORM ALL THE MAGISTRATES AND JUDGES OF THESE CHANGES.
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