[2011] KEHC 4211 (KLR)
The court found that the applicants had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari. The court exercised its discretion to allow the application, granting leave and directing that such leave would operate as a stay of the proceedings in Misc. Application No. 76 of...
Source-derived case information.
- Citation
- [2011] KEHC 4211 (KLR)
- Parties
- Applicant: Julius A. Cheruiyot; Applicant: Joel Kipyegon Mutai; Respondent: Chairman Londiani Land Disputes Tribunal; Respondent: Chief Magistrate, Kericho; Respondent: Regina Chepkorir Marusoi; Respondent: Henry Kipkorir Resiolo
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 43 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review (certiorari)
- Outcome
- Leave to apply for certiorari granted; leave to operate as stay of proceedings and award; directions for filing and service of substantive motion.
- Legal Topics
- Judicial Review, Certiorari, Leave to Apply, Land Disputes Tribunal, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius A. Cheruiyot
Applicant
Joel Kipyegon Mutai
Applicant
Chairman Londiani Land Disputes Tribunal
Respondent
Chief Magistrate, Kericho
Respondent
Regina Chepkorir Marusoi
Respondent
Henry Kipkorir Resiolo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review (certiorari)
Legal Issues
- 1 Whether the applicants have established sufficient grounds for leave to apply for an order of certiorari.
- 2 Whether leave should operate as a stay of proceedings and award pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicants had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari. The court exercised its discretion to allow the application, granting leave and directing that such leave would operate as a stay of the proceedings in Misc. Application No. 76 of 2010 and the award of the elders dated 2/9/2010. The court further directed the applicants to file and serve a Notice of Motion within 21 days, and set a mention date for further directions. The decision was based on the applicants' demonstration of an arguable case and the need to preserve the status quo pending determination of the substantive motion.
Court Disposition
Leave to apply for certiorari granted; leave to operate as stay of proceedings and award; directions for filing and service of substantive motion.
Orders
- Leave is granted to the applicants to apply for an order of certiorari as prayed.
- Applicants to file and serve a Notice of Motion within 21 days from the date hereof.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 43 OF 2010 (JR)
JUDICIAL REVIEW FOR ORDERS OF CERTIORARI
BETWEEN
JULIUS A. CHERUIYOT..................................................................................................1ST APPLICANT
JOEL KIPYEGON MUTAI...............................................................................................2ND APPLICANT
VS.
THE CHAIRMAN LONDIANI LAND DISPUTESTRIBUNAL....................................1ST RESPONDENT
THE CHIEF MAGISTRATE, KERICHO......................................................................2ND RESPONDENT
REGINA CHEPKORIR MARUSOI..............................................................................3RD RESPONDENT
HENRY KIPKORIR RESIOLO.....................................................................................4TH RESPONDENT
RULING
The Applicants, Julius A. Cheruiyot and Joel Kipyegon Mutai, seek in their application dated 15/12/2010 leave of this Court under Order 53 Rule 1 of the Civil Procedure Rules to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment dated 2/9/2010 made by the 2nd Respondent, in the Chief Magistrate Court at Kericho in Miscellaneous application No.76 of 2010.
I have perused the application and the filed Statement of facts and the verifying affidavit. I have also duly considered the submissions of Mr. J. Motanya, the Learned Counsel for the applicants.
I am satisfied that the applicants have established sufficient grounds to warrant the grant of leave. Accordingly, I allow the application and hereby grant the applicants leave to apply for the order of certiorari as prayed.
I direct that within 21 days from the date hereof, the Applicants shall file a Notice of Motion pursuant to Rule 3 of Order 53 and shall serve it within 21 days of filing on the Respondents and all such persons as may be affected by it.
I order that the leave herein granted shall operate as a stay of the proceedings in Misc. application no.76 of 2010 in the Chief Magistrates Court at Kericho and of the award of the elders dated 2/9/2010 until the Notice of Motion is heard and determined or until further orders.
This cause shall be mentioned on 11/3/2011.
The costs of the application shall be in the cause.
DATEDat KERICHO this 20th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. J. M. Motanya, Advocate, for the Applicant
Mr. N. Bett, Court clerk