[2014] KEHC 7062 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

JR MISC. CIVIL APPLICATION NO. 5 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 130 OF 19991

JOHN KARANI KIBERENGE (DECEASED)

REPRESENTED BY TIMOTHY MUGO KARANI ....................... APPELLANT

AGAINST

RUNJI MUCARIE (DECEASED)

REPRESENTED BY KING’ANG’I NJAMIU............................ RESPONDENT

AND

IN THE MATTER OF OJBECTION NUMBER 201 OF 1988

AND

IN THE MATTER OF PARCEL NUMBER 39 OF MUTITU ADJUDICATION SECTION

RUNJI MUCARIE REPRESENTED BY KING’ANG’I NJAMIU ......................... OBJECTOR

AGAINST

JOHN KARANI KIBERENGE (REPRESENTED

BY TIMOTHY MUGO KARANI ) ................................................. DEFENDANT

AND

IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION

RUNJI MUCARIE (DECEASED

REPRESENTED BY KING’ANG’I NJAMIU .............................. APPLICANT

VERSUS

MINISTER FOR LANDS ............................................................. RESPONDENT

AND

THE LAND REGISTRAR MBEERE DISTRICT ............................. 1ST INTERESTED PARTY

JOHN KARANI KIBERENGE

(REPRESENTED BY TIMOTHY MUGO KARANI ....................... 2ND INTERESTED PARTY

RULING

The ex-parte applicant herein vide his Chamber Summons dated 13th January 2014 and filed on the following day 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. 130 of 1991 dated 31st July 2013 depriving him of his parcel of land No. 39 without reasonable cause. He further seeks leave to apply for an order prohibiting the Land Registrar who is the 1st interested party herein from registering the disputed land in the name of the 2nd interested party and that such leave do operate as a stay of the intended action by the said Land Registrar Mbeere District.

The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which it is deponed, inter alia, that the respondent in his ruling dated 31st July 2013 in Appeal Case No. 130 of 1991 irregularly allocated parcel No. 39 to the 2nd interested party without due process in that he did not give any reasons why he deviated from the decision in objection Case No. 201 of 1998 made on 10th April 1990. further, the applicant has deponed that the respondent did not hear his side of the story and therefore the Minister’s decision was ultra vires, unfair, un-reasonable and against the rules of natural justice.

I have considered the application, the submissions by Mr. Kamunda advocate and the verifying affidavit and Staturory statement.

From the material placed before me, I am satisfied that the ex-parte applicant has established sufficient reasons to warrant the granting of the orders sought in his 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 parcel No. 39 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 substantive Notice of Motion be served on all parties 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 in open Court this 31st day of January 2014

Mr. Ngari for Mr. Kamunda for the applicant present.