REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU Miscellaneous Application 1 of 2011 IN THE MATTER OF AN APPLICTAION BY GILBERT OTOLO OCHICNEG AND JOHN HUMPHREYS OUMA FOR JUDICIAL REVIEW IN THE NATURE OF ORDERS OF CERTIORARI AND PHOHIBITION AND IN THE MATETR OF LAND PARCEL NO. SIAYA / GOT AGULU / 378 REPUBLIC ………………………………………………………..APPLICANT VERSUS THE SENIOR RESIDENT MAGISTRTE BONDO……...…1ST RESPONDENT THE CHAIRMAN BONDO DISTRICT LAND DISPUTE TRIBUNAL…………………..…………2ND RESPONDENT AND MARGARET APIYO OMBERA…………..…………….INTERESTED PARTY AND GILBERT OTOLO OCHIENG………………..……….EX-PARTE APPLICANT JOHN HUMPHREYS OUMA………………………….EXPARTE APPLICANT RULING The application dated 29th June 2011 seeks the following orders:(a) An order of certiorari removing into this Honourable court the orders issued by the 2nd respondent NO. BON/114/2010 Bondo Land Dispute Tribunal and adopted by the 1 st respondent in Bondo SRMCC Mis Application number 24 of 2010 in respect of land parcel number SIAYA / GOT AGULU/378 for the purpose of the same being quashed. (b) An order of prohibition directed at the 1st and 2nd respondent restraining them by themselves,
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agents, servants or otherwise howsoever from entering fresh or further proceedings in respect of land parcel number SIAYA / GOT AGULU / 378. (c) Costs The said application was not opposed. I have also perused the affidavit of service by one Kennedy O. Owiti dated 18th July 2011 and I am satisfied with the service. The applicant now owns the land with one John Humphrey Ouma. He was never made a party. Further the tribunal lacked jurisdiction to entertain this claim as it involved land with a title. The tribunal mandate is well clear and doesn’t included land with title as in the present case. For these reason I allow the application as prayed. The applicant shall have the cost of the application. Orders accordingly. Dated, signed and delivered at Kisumu this 11th day of November 2011. H. K. CHEMITEI JUDGE
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