Mwangi & 2 others v Gateri (Environment and Land Miscellaneous Case E004 of 2026) [2026] KEELC 2385 (KLR)

Nyandarua/ Mkungi/ 2853, 2854,2855,2856,2857,2858,2859 and 2060 on account of Nyandarua ELC (OS) Case No. 30 of 2023. 4. On the 6th prayer the applicants pray that they be granted leave to apply for an order of mandamus directed at the Oficer Commanding Ndunyu Njeru Police Station compelling him to enforce compliance with the ruling /order issued by the High Court in Nakuru Civil Suit No. 455 of 2013 (OS) with regard to Title Nos. Nyandarua /Mkungi / 2853 – 2883, 2693 – 2894, 2923 – 2924 and 3249. 5. Lastly, the applicants pray that the leave granted do operate as stay of execution founded on the exparte judgment and decree issued by the Honourable Mr. Justice YM Angima dated 11/7/2024 in ELC (OS) Case No. 30 of 2023 pending the hearing and determination of the notice of motion to be filed. In the verifying afidavit supporting the summons, the same sworn on 8/12/2025 by the 1st applicant, Francis Lennie Gateri Kinuthia, the said applicant depones that on 4/7/2013 an originating summons was filed by Daniel Kamau Mwangi and 2 others against the late John Peter Kinuthia Gateri in Nakuru High Court Case No. 455 of 2013 (OS) claiming adverse possession which was dismissed on 25/7/2014. John Peter Kinuthia Gateri then passed on in Nairobi on 10/7/2014 and all his property is subject to administration with the deponent and one Joseph Wainaina being joint administrators of the Estate appointed on 17/2/2015 and which Estate has already been distributed. 6. Another suit against the administrators of the Estate was then filed on 1/12/2022 by the same David Kamau Mwangi over the same properties. The case, ELC No. 30 of 2023, Nyandarua was heard exparte after the respondent were not served. 7. Coming to prayer No. 6 the applicants are advised to seek redress and protection in Nakuru High Court Suit No. 455 of 2013 (OS). All the other prayers sought are prerogative orders which cannot be granted against an order of a superior court. Therefore, granting leave for the said orders to be applied for would just be a waste of time. Prerogative orders of judicial review can only be granted against orders of:- 8. 1. Subordinate courts. 2. Tribunals. 3. Quasi- judicial bodies. The application herein is therefore disallowed and since the respondents did not participate in the application, I will not make an order for costs. RULING DATED AND DELIVERED AT NYANDARUA THIS 16TH DAY OF APRIL, 2026. MUGO KAMAU JUDGE In the presence of: Court Assistant………………Samson. Applicant………………………N/A. Respondent……………………N/A. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2385/eng@2026-04-16 2

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