[2007] KEHC 1180 (KLR)
The court found that there was insufficient information regarding the proceedings and decree of the Land Disputes Tribunal to conclusively determine whether the tribunal acted within its jurisdiction in allocating LR Milimani Settlement Scheme No. 528 to the interested party. However, the applicant raised an...
Source-derived case information.
- Citation
- [2007] KEHC 1180 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Cherangani Division Land Disputes Tribunal; Respondent: Attorney General; Interested Party: Elizabeth Cherutich Tirop; Applicant: Joseph Cherutich
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 46 of 2007
- Procedural Posture
- Judicial Review / Leave Application
- Outcome
- Leave granted for certiorari only; application for mandamus declined at this stage; directions for filing and service of notice of motion issued.
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Allocation of Land, Certiorari, Mandamus
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Cherangani Division Land Disputes Tribunal
Respondent
Attorney General
Respondent
Elizabeth Cherutich Tirop
Interested Party
Joseph Cherutich
Applicant
Procedural Posture
Judicial Review / Leave Application
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to allocate LR Milimani Settlement Scheme No. 528 to the interested party.
- 2 Whether sufficient information exists to determine the legality of the tribunal's decision.
- 3 Whether leave should be granted for orders of certiorari and mandamus.
Ratio Decidendi
The court found that there was insufficient information regarding the proceedings and decree of the Land Disputes Tribunal to conclusively determine whether the tribunal acted within its jurisdiction in allocating LR Milimani Settlement Scheme No. 528 to the interested party. However, the applicant raised an arguable case that the tribunal may have acted outside its statutory mandate. Consequently, the court granted leave to commence judicial review proceedings for certiorari only, allowing the applicant to file a substantive notice of motion. Leave for mandamus was not granted at this stage due to lack of sufficient material. The court directed that the notice of motion be filed within...
Court Disposition
Leave granted for certiorari only; application for mandamus declined at this stage; directions for filing and service of notice of motion issued.
Orders
- Leave to commence judicial review proceedings for certiorari is granted.
- Notice of motion to be filed within 21 days.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 46 of 2007
1. Land and Environmental Law Division
2. Subject of main file: Judicial Review
i) Land Disputes Tribunal Cherangani Division Kitale.
ii) LR Milimani settlement scheme No.528.
iii) Land awarded to interested party on dates not mentioned adopted to court Kitale.
iv) Senior Principal Magistrates court Case 31/07 on 31 July 2007.
Decree issued not mentioned.
3. Leave to file and commence Judicial Review proceeding for certiorari and mandamus dated 23 October 2007.
4. Held:
i) Leave granted for certiorari only
ii) Notice of motion be filed within 21 days
iii) Service of notice of motion be 8 clear between service and the hearing date.
5. Case law – Nil
6. Advocate
E. Cheligent of Edwin K. Cheluget & Co. Advocate s for the plaintiff/exparte/applicant
IN THE MATTER OF AN APPLCIATION FOR ORDERS OF CERTIORARI
IN THE MATTER OF THE REGISTERED LAND ACT CAP 300 LAWS OF KENYA
E MATTER OF THE LAND DISPUTES TRIBUNAL ACT
NO. 18 OF 1986
BETWEEN
REPUBLIC…………….......………...…….....................................................…………………..APPLICANT
VERSUS
THE CHAIRMAN CHERANGANI DIVISION LAND DISPTUES TRIBUNAL……1ST RESPONDENT
THE ATTORNEY GENERAL ……...............................….…..............................…….2ND RESPONDENT
ELIZABETH CHERUTICH TIROP….…..............................................................…INTERESTED PARTY
EXPARTE/APPLICANT………..……...............................................................…..JOSEPH CHERUTICH
RULING
I: Leave to commence Judicial Review Proceeding
1. The Land Disputes Tribunal of Cherangani Division Kitale heard a land dispute brought to them by Joseph Cherutich I do not have any details contained in the statements of the proceeding and therefore an unable to know how they came to this decision.
2. The fact though is that one Elizabeth Cherutich Tirop was allocated land LR Milimani Settlement Scheme 528.
3. The government had acquired land in Chebara to construct a dam. All person affected including the applicant were relocated. The applicant was allocated together with the family members to LR the Milimani settlement since 528 and 529. The tribunal is said to have taken 528 and given it to Elizabeth Cherutich Tirop.
4. I have been now told that the tribunal had no jurisdiction to do this.
5. I require more information on this matter namely the decree, or proceeding of the tribunal to know how and or whether Elizabeth Cherutich Tirop was allocated the land by the tribunal.?
6. This matter will be mentioned on 21 November 2007 at 9. 00 a.m.
Dated this 20th day of November 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
E. Cheligent of Edwin K. Cheluget & Co. Advocate s for the plaintiff/exparte/applicant
Editorial note
Application withdrawn by applicant