Republic v The Senior Magistrate, Kerugoya Law Courts & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU MISC. CIVIL APP. NO. 52 OF 2011 IN THE MATTER OF LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990 AND IN THE MATTER OF LAND DISPUTES TRIBUNAL GICHUGU DIVISION KIRINYAGA WEST DISTRICT WAGUAMA MUNYI – VERSUS- MUNYIRI MURIUKI (LAND DISPUTE NO. 56 OF 2004) AND IN THE MATTER OF PROVINCIAL LAND APPEAL COMMITTEE NYERI LAND DISPUTE TRIBUNAL CLAIM NO. KIRINYAGA 2/05 WAGUAMA MUNYI –VERSUS- MUNYI MURIUKI IN THE MATTER OF SENIOR RESIDENT MAGISTRATE’S COURT , AWARD NO.55 OF 2004, KERUGOYA LAW COURTS WAGUAMA MUNYIRI –VERSUS- MUNYIRI MURIUKI AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION BETWEEN REPUBLIC ……………………………………………………………… APPLICANT VERSUS THE SENIOR MAGISTRATE, KERUGOYA LAW COURTS......……RESPONDENT WAGUAMA MUNYIRI ……....………………………………. INTERESTED PARTY MUNYIRI MURIUKI …………....………………………… EX-PARTE APPLICANT RULING The ex-parte Applicant is the registered proprietor of BARAGWI/GUAMA/277 comprising of about 5 acres. He has two wives, one of whom is the Interested Party. The Interested Party went to Gichugu Land Disputes Tribunal seeking a portion of that land. On 9th of September 2004, the Tribunal reached a decision that the Ex-parte Applicant was to give each of his wives two acres and he be left with one acre. The matter went to the Province on appeal but the decision was upheld. On 29th March 2011, the SRM’s Court at Kerugoya adopted the award and subsequently issued a decree. This is what led to the ex-parte Applicant’s application before this court in which he sought leave to apply for the Judicial Review orders of Certiorari and Prohibition. The order of Certiorari targets the adoption of the award and the issuance of decree by the SRM’s court. In the statement of facts it is clear that it is the primary decision of the Tribunal that offended the ex-parte Applicant. It was stated that the Tribunal lacked jurisdiction under section 3(1) of the Land Disputes Tribunal Act (No.18 of 1990) to entertain a dispute regarding the ownership of a registered land or the sub-division of the same. The manner in which the

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