REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO MISCELLANEOUS APPLICATION NO. 43 OF 2010 (JR) JUDICIAL REVIEW FOR ORDERS OF CERTIORARI BETWEEN JULIUS A. CHERUIYOT..................................................................................................1ST APPLICANT JOEL KIPYEGON MUTAI...............................................................................................2ND APPLICANT VS. THE CHAIRMAN LONDIANI LAND DISPUTES TRIBUNAL....................................1ST RESPONDENT THE CHIEF MAGISTRATE, KERICHO......................................................................2ND RESPONDENT REGINA CHEPKORIR MARUSOI..............................................................................3RD RESPONDENT HENRY KIPKORIR RESIOLO.....................................................................................4TH RESPONDENT RULING The Applicants, Julius A. Cheruiyot and Joel Kipyegon Mutai, seek in their application dated
page 1 of 2
15/12/2010 leave of this Court under Order 53 Rule 1 of the Civil Procedure Rules to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment dated 2/9/2010 made by the 2nd Respondent, in the Chief Magistrate Court at Kericho in Miscellaneous application No.76 of 2010. I have perused the application and the filed Statement of facts and the verifying affidavit. I have also duly considered the submissions of Mr. J. Motanya, the Learned Counsel for the applicants. I am satisfied that the applicants have established sufficient grounds to warrant the grant of leave. Accordingly, I allow the application and hereby grant the applicants leave to apply for the order of certiorari as prayed. I direct that within 21 days from the date hereof, the Applicants shall file a Notice of Motion pursuant to Rule 3 of Order 53 and shall serve it within 21 days of filing on the Respondents and all such persons as may be affected by it. I order that the leave herein granted shall operate as a stay of the proceedings in Misc. application no.76 of 2010 in the Chief Magistrates Court at Kericho and of the award of the elders dated 2/9/2010 until the Notice of Motion is heard and determined or until further orders. This cause shall be mentioned on 11/3/2011. The costs of the application shall be in the cause. DATED at KERICHO this 20th Day of JANUARY, 2011 G B M KARIUKI, SC RESIDENCE JUDGE COUNSEL APPEARING Mr. J. M. Motanya, Advocate, for the Applicant Mr. N. Bett, Court clerk
page 2 of 2