REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA JR. MISC. CIVIL APPLICATION NO. 1 OF 2014 IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION AND CERTIORARI AND IN THE MATTER OF AN APPEAL TO THE MINISTER LAND APPEAL CASE NUMBER 120 OF 1991 AND IN THE MATTER OF COMMITTEE CASE NUMBER 32/74-75 JOHN KARANI KBERENGE (DECEASED) REPRESENTED BY TIMOTHY MUGO KARANI AGAINST KITHAKA IKUTHI AND IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION JOHN KARANI KIBERENGE (REPRESENTED BY TIMOTHY MUGO KARANI ..............................................................APPLICANT VERSUS KITHAKA IKUTHI .........................................................................RESPONDENT KITHAKA EKUTHI ........................................................................... APPLICANT VERSUS MINISTER FOR LANDS ........ ...................................................... RESPONDENT AND THE LAND REGISTRAR MBEERE DISTRICT ........................ 1ST INTEREESTED PARTIES
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JOHN KARANI KIBERENGE .................................... 2ND INTERESTED PARTY RULING The applicant herein has moved this Court by his Chamber Summons filed on 14 th January 2014 under Certificate of urgency seeking leave to apply for an order of certiorari to quash the decision of the respondent in Appeal No. 120 of 1991 dated 31 st July 2013 which deprived him of his property without a reasonable cause. He further seeks leave to apply for an order of prohibition prohibiting the Land Registrar Mbeere from registering the disputed portion of land and that such leave do operate as a stay of the intended action by the Land Registrar Mbeere. The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which he has deponed, inter alia, that the respondent in his ruling did not give any reasons or grounds of deviating from the ruling of the Committee Case No. 32/74-75 made on 19th December 1980. I have considered the application, the submissions by Mr. Kamunda advocate, the verifying affidavit of the applicant together with the annextures thereto and the Statutory statement. I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reason to warrant the granting of the orders sought in the said Chamber Summons. I grant the leave sought and further direct that the said leave shall operate as a stay of the decision of the said Land Registrar Mbeere District from registering the disputed portions of land to the 2 nd interested parties pending the hearing and determination of the substantive Notice of Motion which shall be filed within twenty one (21) days of the delivery of this ruling. I further direct that the said Notice of Motion be served on all persons affected by it within 14 days of the filing of the Notice of Motion. Costs in the cause. B.N. OLAO JUDGE 31ST JANUARY, 2014 31/01/2014 Coram B.N. Olao – Judge CC – Mwangi Mr. Ngari for Mr. Kamunda for Applicant - present Respondent - absent (Ex-parte) COURT: Ruling delivered this 31st January 2014 in open Court Mr. Ngari for Mr. Kamunda for applicant present. B.N. OLAO JUDGE
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31ST JANUARY, 2014
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