Republic v Githurai Land Disputes Tribunal & 1 other

IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS JUDICIAL REVIEW DIVISION MISC. CIVL APPL. NO. 344 OF 2012 BETWEEN REPUBLIC ............………………………………..………………APPLICANT AND GITHURAI LAND DISPUTES TRIBUNAL…..……….…...1ST RESPONDENT CHIEF MAGISTRATE THIKA …………….…………..… 2ND RESPONDENT AND EUNICE WAMBUI KANGETHE …………..………1ST INTERESTED PARTY REBECCA WARINGA NJOROGE ………......…. 2ND INTERESTED PARTY EX-PARTE GITHUNGURI CONSTITUENCY RANCHING CO. LTD RULING The Notice of Motion dated 17th September 2012 seeks an order of prohibition to prohibit the respondents from executing the decree obtained in the Thika D.O Case No. 14 of 2011 and from continuing to hear or deal in any way with land parcel No. LR RUIRU KIU BLOCK 2(GITHUNGURI)/3874. The said decree arises from a decision of the Githurai land disputes Tribunal proceedings in Githurai Land Case No. RUR/LDT/17/2010 which has not been challenged at all. The decision of the court in issuing a decree is merely ministerial for the purpose of enforcement. In the absence of a plea to quash the underlying decision, the order of prohibition cannot lie as there is nothing wrong the subordinate court has done. In the circumstances, the Notice of Motion dated 17 th September 2012 is incompetent. It is struck out with costs to the interested parties. DATED and DELIVERED at NAIROBI this 22nd day of January 2014 D.S. MAJANJA JUDGE