REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 77 of 2009 REPUBLIC………………………………………………………………………APPLICANT -VERSUS- KIOGORO DIVISIONAL LAND DISPUTES TRIBUNAL…………RESPONDENT AND ANNAH KWAMBOKA NYASING’A………………………INTERESTED PARTY AND JOEL OTOIGO NYASING’A…………………………………………………EX-PARTE RULING It is clear that under section 9(3) of the Law Reform Act(Cap.26) in the case of an application for an Order of Certiorari leave shall not be granted unless the application for leave is made within six months from the date of the decision that is sought to be quashed. (See Ako.V.Special District Commissioner Kisumuand Another [1989] KLR 163). The decision of the Kiogoro Divisional Land Disputes Tribunal that offended the applicant was made on 5/5/2006, and the application for leave filed on 8/7/2009. That was well outside the mandatory statutory period. I agree with Mr. Mbicha for the respondent that the application is incompetent. The same is struck out with costs. Dated, signed and delivered at Kisii this 20th day of January, 2010.
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A.O.MUCHELULE JUDGE 20/1/2010 Before A.O.Muchelule-J Court clerk-Bibu Mr. Ombui for Mr. Miyienda for Applicant Court: Ruling in open Court A.O.MUCHELULE JUDGE 20/1/2010
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