Department of Land Tribunal

The Land Tribunal is a specialized court created in terms of the Land Tribunal Act No.4 of 2014. It is empowered to:

• hear and determine appeals arising from decisions of Land Boards in terms of Sections 14 and 40 of the Tribal Land Act (Cap: 32:02).
• The Land Tribunal mandate was expanded in 2013 to include jurisdiction to hear and determine planning appeals from decisions of Physical Planning Committees of District Councils in terms of Sections 27, 32 and 33 of the Town and Country Planning Act. (Cap 32:09);
•  Adjudicate over applications for enforcement by public bodies in terms of Section 7(3) of the Land Tribunal Act.  

Special Characteristics

As a Court of Law and Equity, the Land Tribunal is free to regulate its own procedure, and presents the following attributes:

• Speed
• Cheapness
• Flexibility (No rigidness)
• Less Technical
• Accessible
• Simplicity

Matters That the Land Tribunal Is Not Empowered to Determine

Land Tribunal has limited jurisdiction on land matters it can handle. It therefore cannot hear and determine the following disputes:

• Issues of amount of compensation
• Inheritance issues
• Enforcement of transfer /Sale contracts
• Matters already concluded by other courts of competent jurisdiction e.g., Magistrate Court, Customary court, High Court and Court of Appeal.
• Issues concerning Public Bodies delays to make a decision on an application for land Rights or Planning Permission.
• Any other matter which by any applicable law falls outside the jurisdiction of the Land Tribunal.
• Disputes involving State and Free Hold Land (except for planning issues)