[2014] KEHC 7063 (KLR)
The court found that the applicant had established sufficient reasons to warrant the granting of leave to apply for judicial review orders of certiorari and prohibition. The material presented, including the verifying affidavit and statutory statement, demonstrated an arguable case that the Minister for Lands may...
Source-derived case information.
- Citation
- [2014] KEHC 7063 (KLR)
- Parties
- Applicant: Njagi Kithaka represented by Stephen Menyi Kithaka; Respondent: Minister for Lands; Respondent: Land Registrar Mbeere District; Interested Party: John Karani Kiberenge represented by Timothy Mugo Karani
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 4 of 2014
- Procedural Posture
- Judicial Review Application / Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted; leave to operate as stay of registration pending substantive motion.
- Judges
- BN Olao
- Legal Topics
- Judicial Review, Land Adjudication, Ministerial Decisions, Certiorari, Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njagi Kithaka represented by Stephen Menyi Kithaka
Applicant
Minister for Lands
Respondent
Land Registrar Mbeere District
Respondent
John Karani Kiberenge represented by Timothy Mugo Karani
Interested Party
Procedural Posture
Judicial Review Application / Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the Minister for Lands acted ultra vires and without reasonable cause in depriving the applicant of property.
- 2 Whether the Minister failed to provide reasons for deviating from an earlier decision by the Director of Land Adjudication.
- 3 Whether leave should be granted to apply for orders of certiorari and prohibition, and whether such leave should operate as a stay.
Ratio Decidendi
The court found that the applicant had established sufficient reasons to warrant the granting of leave to apply for judicial review orders of certiorari and prohibition. The material presented, including the verifying affidavit and statutory statement, demonstrated an arguable case that the Minister for Lands may have acted without reasonable cause, failed to provide reasons for deviating from an earlier decision, and potentially acted ultra vires. Consequently, the court granted leave and ordered that such leave operate as a stay of the Land Registrar's decision to register the disputed land to the 2nd interested party, pending the hearing and determination of the substantive Notice of...
Court Disposition
Leave to apply for judicial review granted; leave to operate as stay of registration pending substantive motion.
Orders
- Leave to apply for orders of certiorari and prohibition is granted.
- Leave shall operate as a stay of the Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested party pending hearing and determination of the substantive Notice of Motion.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
J.R MISC CIVIL APPLICATION NO. 4 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 LANDAPPEAL CASE NUMBER 129 OF 1991
JOHN KARANI KIBERENGE (DECEASED)
REPRESENTED BY TIMOTHY MUGO KARANI ........................ APPELLANT
AGAINST
NGARI KITHAKA (DECEASED) ................................................ RESPONDENT
AND
IN THE MATTER OF LAND COMMITTEE CASE NUMBER 33/74-75
JOHN KARANI KIBERENGE ............................................................ PLAINTIFF
AGAINST
NJAGI KITHAKA .............................................................................DEFENDANT
AND
IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION
NJAGI KITHAKA REPRESENTED BY STEPHEN MENYI KITHAKA ...............APPLICANT
VERSUS
MINISTER FOR LANDS .............................................................. RESPONDENT AND
THE LAND REGISTRAR MBEERE DISTRICT ........ 1ST INTERESTED PARTY
JOHN KARANI KIBERENGE ................................... 2ND INTERESTED PARTY
RULING
By his Chamber Summons filed herein on 14th January 2014, the ex-parte applicant seeks leave to apply for an order of certiorari to quash the decision of the respondent who is the Minister of Lands in Appeal Case No. 129 of 1991 made on 31st July 2013 depriving him of his property without reasonable cause and without giving reasons for deviating from the earlier decision. The ex-parte applicant further seeks leave to apply for an order prohibiting the Land Registrar Mbeere District who is the 1st interested party herein from registering the disputed portions of land to the 2nd interested party and that such leave do operate as a stay of any such registration.
The application is supported by the ex-parte applicant’s verifying affidavit in which he has deponed that the respondent in his ruling dated 31st July 2013 deprived him of his property without reasonable cause and without giving reasons for departing from the earlier decision made by director land adjudication. The respondent therefore acted in an un-fair and biased manner and the decision he made was ultra-vires.
I have considered the application, the submissions by Mr. Kamunda advocate, the verifying affidavit and the Statutory statement.
I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reasons to warrant the granting of the orders sought in the Chamber Summons. I therefore grant the leave sought and direct that the said leave shall operate as a stay of the decision of the Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested party 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 upon all parties that may be affected by it within 14 days of being filed.
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 day of January 2014 in open Court
Mr. Ngari for Mr. Kamunda for the applicant present.