[2011] KEHC 4214 (KLR)
The court found that the applicant had established a sufficient basis to warrant the grant of leave to apply for an order of certiorari. The application was supported by a statement of facts and a verifying affidavit, and the submissions of counsel demonstrated that there was an arguable case regarding the legality...
Source-derived case information.
- Citation
- [2011] KEHC 4214 (KLR)
- Parties
- Applicant: Jonah Kilel; Respondent: The Chairman Bomet Land Disputes Tribunal; Respondent: The Chief Magistrate, Kericho; Respondent: Daniel Chepkowny
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 36 of 2010
- Procedural Posture
- Miscellaneous Application / Application for Leave to Apply for Order of Certiorari
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of impugned order.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Stay of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonah Kilel
Applicant
The Chairman Bomet Land Disputes Tribunal
Respondent
The Chief Magistrate, Kericho
Respondent
Daniel Chepkowny
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Apply for Order of Certiorari
Legal Issues
- 1 Whether the applicant has established a sufficient basis for the grant of leave to apply for an order of certiorari.
- 2 Whether the leave granted should operate as a stay of the order made by the Chief Magistrate Court at Kericho.
Ratio Decidendi
The court found that the applicant had established a sufficient basis to warrant the grant of leave to apply for an order of certiorari. The application was supported by a statement of facts and a verifying affidavit, and the submissions of counsel demonstrated that there was an arguable case regarding the legality of the order made by the Chief Magistrate Court at Kericho adopting the award of the Bomet Land Disputes Tribunal. Consequently, the court exercised its discretion to grant leave and further ordered that such leave would operate as a stay of the impugned order until the substantive motion is determined or further orders are made.
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of impugned order.
Orders
- Leave is granted to the applicant to apply for an order of certiorari as sought.
- The leave granted shall operate as a stay of the order made in Kericho SPM Court Misc. Application No. 92 of 2010 until the Notice of Motion is determined or until further orders of the court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 36 OF 2010(JR)
JONAH KILEL.....................................................................................................................APPLICANT
VS.
THE CHAIRMAN BOMET LAND DISPUTES TRIBUNAL...................................1ST RESPONDENT
THE CHIEF MAGISTRATE, KERICHO..................................................................2ND RESPONDENT
DANIEL CHEPKWONY..........................................................................................3RD RESPONDENT
RULING
JONAH KILEL, the applicant, seeks in his Chamber Summons application dated 2/12/2010 leave of this Court under Order 53 Rule of the Civil Procedure Rules 2010to apply for an order of certiorari to remove into this Court for quashing the order dated 18/11/2010 made by the Chief Magistrate Court at Kericho in SPM Misc. Application No.92 of 2009 pursuant to the award dated 30/9/2009 made by Bomet Land Disputes Tribunal and endorsed as a judgment of the Court in the said Misc. Application No.92 of 2009.
I have duly perused the said application and the Statement of facts and the verifying affidavit filed by the applicant. I have also duly considered the submission made by Miss. Millicent C. Nyigei, the learned Counsel for the applicant.
I am satisfied that the applicant has established sufficient basis to warrant the grant of the leave sought. Accordingly, I allow the application and grant to the Applicant leave to apply for the order of certiorari as sought. I order that the leave herein granted shall operate as a stay of the order sought to be quashed made in Kericho SPM Court Misc. Application No. 92 of 2010 until the Notice of Motion to be filed as hereinafter directed is determined or until further orders of this Court.
I direct that the Applicant shall pursuant to Rule 3 of Order 53 file a Notice of Motion and shall serve the same within 14 days of filing upon the Respondents named in the application for leave and upon all such persons as may be affected by it.
This matter shall be mentioned on 16/3/2011.
Costs of the application for leave shall be costs in the cause.
DATEDat KERICHO this 27th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Miss. Millicent C. Nyigei, Advocate for Mr. Orina, for the Applicant
Mr. R. Koech, Court clerk