REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO MISCELLANEOUS APPLICATION NO. 11 OF 2009(JR) PHILOMENA CHEPKEMOI SERON alias JUSTINA RONO...........................................................APPLICANT AND THE CHAIRMAN SOTIK LAND DISPUTES TRIBUNAL.......................................................1ST RESPONDENT THE PRINCIPAL MAGISTRATE, SOTIK...............................................................................2ND RESPONDENT LUCIA CHELANGAT TANGUT................................................................................................3RD RESPONDENT RULING In her ex-parte application dated 17/9/2009, the Applicant, Philomena Chepkemoi Seron alias Justina Rono seeks under Order 53 of the Civil Procedure Rules leave to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment and decree issued on 12th March 2009, by the Principal Magistrate at Sotik in case No. 4 of 2008 and the award of the Sotik Land Disputes Tribunal on the basis which the judgment/decree was issued. I have perused the Statement of facts and the verifying affidavit filed by the Applicant and have duly considered the same as well as the submissions made by Mr. J. K. Koske, the Learned Counsel for the Applicant. I am satisfied that the Applicant has established sufficient ground for the grant of leave. Accordingly, I allow the application and grant leave to the Applicant to apply to this Court for an
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order of certiorari to remove into this Court the judgment/decree and the award of the elders as prayed for in the application. I order that the leave hereby granted shall operate as a stay of the award and the judgment of the Sotik Principal Magistrate Court until the Notice of Motion is heard and determined or until further orders of this Court. I direct that the Applicant shall pursuant to Rule 3 of Order 53 of the Civil Procedure Rules 2010 file in this Court within 21 days a Notice of Motion. I further direct that the Notice of Motion shall be served within 21 days of filing upon the Respondents and all such persons as may be affected by it. This cause shall be mentioned on 14/3/2011. DATED at KERICHO this 20th Day of JANUARY, 2011 G B M KARIUKI, SC RESIDENCE JUDGE COUNSEL APPEARING Mr. J. K. Koske, Advocate, for the Applicant Mr. N. Bett, Court clerk
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