[2013] KEHC 3912 (KLR)
The court found that although the application for leave to apply for certiorari was filed a few days after the expiry of the six-month limitation period, the matter involved several parcels of land and raised significant issues. The court exercised its discretion to grant leave, allowing the applicants to file the...
Source-derived case information.
- Citation
- [2013] KEHC 3912 (KLR)
- Parties
- Applicant: Francis Njeru Runji; Applicant: Josphat Njagi Ndaru; Applicant: Joseph Ndaru Mathuri; Applicant: Members of Ikandi Clan; Respondent: Suleiman Njiru Ciara; Respondent: Faustin Kithaka; Respondent: Members of Rwangondi Clan; Respondent: Land Adjudication Officer, Mbeere South; Respondent: The Minister for Lands; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 10 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
- Outcome
- Leave to apply for certiorari granted; stay granted for 90 days; substantive motion to be filed and served within 21 days; file transferred to Kerugoya Environment and Land Court.
- Legal Topics
- Judicial Review, Certiorari, Land Adjudication, Leave to Apply, Limitation Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njeru Runji
Applicant
Josphat Njagi Ndaru
Applicant
Joseph Ndaru Mathuri
Applicant
Members of Ikandi Clan
Applicant
Suleiman Njiru Ciara
Respondent
Faustin Kithaka
Respondent
Members of Rwangondi Clan
Respondent
Land Adjudication Officer, Mbeere South
Respondent
The Minister for Lands
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Apply for Certiorari
Legal Issues
- 1 Whether leave should be granted to apply for an order of certiorari against the Minister's decision in Land Appeal Case No. 1358 of 1986.
- 2 Whether the application for leave is time-barred under the six-month limitation period for judicial review proceedings.
Ratio Decidendi
The court found that although the application for leave to apply for certiorari was filed a few days after the expiry of the six-month limitation period, the matter involved several parcels of land and raised significant issues. The court exercised its discretion to grant leave, allowing the applicants to file the substantive motion. The issue of whether the application is time-barred was deferred to be argued at the substantive hearing. The court also granted a stay limited to 90 days and directed that the substantive motion be filed and served within 21 days, to be heard at the Kerugoya Environment and Land Court.
Court Disposition
Leave to apply for certiorari granted; stay granted for 90 days; substantive motion to be filed and served within 21 days; file transferred to Kerugoya Environment and Land Court.
Orders
- Leave to apply for an order of certiorari is granted as prayed.
- Prayer 2 of the application is granted and limited to 90 days only.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Miscellaneous Application 10 of 2013 [if gte mso 9]><xml>
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IN THE MATTER OF THE APPLIATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI
AND
IN THE MATTER OF THE MINISTERS LAND APPEAL CASE NO. 1358 OF 1986 (MAVURIA ADJUDICATIN SECTION)
BETWEEN
JOSPHAT NJAGI NDARU (REPRESENTING IKANDI CLAN)
AND
SULEIMAN NJIRU CIARA (REPRESENTING RWANGONDI CLAN)
BETWEEN
FRANCIS NJERU RUNJI........................................................….. 1ST APPLICANT
JOSPHAT NJAGI NDARU........................…................................... 2ND APPLICANT
JOSEPH NDARU MATHURI.......................................................…..3RD APPLICANT
MEMBERS OF IKANDI CLAN......................…................................ 4TH APPLICANT
VERSUS
SULEIMAN NJIRU CIARA.............................................................1ST RESPONDENT
FAUSTIN KITHAKA......................................................................2ND RESPONDENT
MEMBERS OF RWANGODI CLAN..........................................3RD RESPONDENT
LAND ADJUDICATION OFFICER, MBEERE SOUTH...........4TH RESPONDENT
THE MINISTER FOR LANDS......................................................5TH RESPONDENT
THE HON. ATONEY GENERAL.................................................6TH RESPONDENT
R U L I N G
The applicant has brought this application (chamber summons) exparte under Order 53 Rule 1 & 2 of the Civil Procedure Act for leave to file an application for an order of certiorari. And that the leave if granted operates as stay. The application is supported by the statement of facts, verifying affidavit and the proceedings complained of.
The decision complained of was made on 5/7/2012. This application was filed on 25/7/2012, a few days after the 6 months period. The issue herein involves several parcels of land so I would wish to allow the applicant to make his substantive application and the issue of time be argued then.
I therefore grant the leave sought as prayed. Prayer 2 of the application is also granted and limited to 90 days only. The substantive motion to be filed and served within 21 days.
The said motion to be filed and heard at Kerugoya Environment and Land Court.
File transferred accordingly.
DELIVERED, DATED AND SIGNED AT EMBU THIS 16TH DAY OF APRIL 2013.
H.I. ONG’UDI
JUDGE
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