The Laws of Kenya v Attorney General & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU MISC. APPLICATION NO. 72 0F 2011 IN THE MATTER OF: THE LAW REFORM ACT, CHAPTER 26 OF THE LAWS OF KENYA IN THE MATTER OF: DISTRICT LAND DISPUTE TRIBUNAL IN THE MATTER OF: RES JUDICATA IN THE MATTER OF: AN APPLICATION BY APPLICANT PAUL NJAGI KAPINGANZI FOR LEAVE TO APPLY FOR CERTIORARI AND PROHIBITION PAUL NJAGI KAPINGAZI ………………………………APPLICANT VERSUS ATTORNEY GENERAL………...........................…………1ST REPONDENT DISTRIST LAND TRIBUNAL …..........……………….. 2ND RESPONDENT JOHN NTHIGA ZAKARIA ……….........………………. 3RD RESPONDENT RULING This is a chamber application by the ex-parte Applicant who seeks leave to bring Judicial Review Proceedings in nature of Certiorari and Prohibition. He seeks that the leave granted do operate as stay of execution of the order of the Land Disputes Tribunal dated 23rd June 2011. It is not indicated which Land Disputes Tribunal made the order that is sought to be quashed. The 2nd Respondent is only described as “District Land Dispute Tribunal.” Secondly, under Order 53 rule 1(2) of the Civil Procedure Rules it is mandatory that an application for leave be accompanied by a statement setting out the name and description of the Applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on. No statement of facts or verifying affidavit was filed to support this application. Only a “supporting affidavit” was filed. Thirdly, the order sought to be quashed was not annexed. Consequently, the application is

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