REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Environment & Land Case MISC APPLICATION NO. 145 OF 2006 IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF CERTIORARI/PROHIBITION AGAISNT THE MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL ABOGETA DIVISION AND IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA AND IN THE MATTER OF THE REGISTERED LAND ACT CAP 26 LAWS OF KENYA AND IN THE MATTER OF MERU CENTRAL LAND DISPUTES TRIBUNAL CASE NO. 59 OF 2005 AND IN THE MATTER OF LAND P ARCEL NO. ABOGETA/U-KITHANGARI/309 AND IN THE M ATTER OF MERU CMCC L.D.T NO.11 OF 2006 REPUBLIC …..............................................................................................................................APPLICANT VERSUS THE DISTRICT (AS CHAIRMAN MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL)..............................................1ST RESPONDENT LAND DISPUTES TRIBUNAL ABOGETA DIVISION...............................................2ND RESPONDENT JULIUS KIARA..............................................................................................................INTERESTED
page 1 of 2
PARTY EX-PARTE.......................................................................................................EPHANTUS RIUNGU MAGIRI RU LING On 6.12.12 when this file was in Court for mention to fix a hearing date, the ex-parte applicant asked the Court to address the issue of whether it has jurisdiction to handle Judicial Review matters. The respondent and the Interested Party supported him. In view of my ruling in ELC Misc Application 163 of 2006 on 2nd May, 2013, and unless my view is Judicially overruled, I find that the environment and Land Court has the Constitutional status of the High Court and has jurisdiction to hear Judicial Review matters germane to its mandate. DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 10TH DAY OF MAY, 2013 IN THE PRESENCE OF: B. G. Kariuki for Exparte Applicant Menge for Respondents – Absent Arithi for Interested party - Absent P. M. NJOROGE JUDGE
page 2 of 2