[2011] KEHC 597 (KLR)
The court found that the application for leave to commence judicial review proceedings was filed within the statutory period of two months from the date of the tribunal's award. The court emphasized that the issue of jurisdiction is fundamental and must be addressed. Accordingly, the court granted the applicant...
Source-derived case information.
- Citation
- [2011] KEHC 597 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Embu District Land Disputes; Interested Party: Mary Muthoni; Interested Party: Cyrus Njeru; Interested Party: Grace Kanyiva; Ex Parte Applicant: Muriuki Ireri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 33 of 2011
- Procedural Posture
- Judicial Review / Ruling on Application for Leave to Commence Judicial Review and for Stay
- Outcome
- Leave granted to the applicant to commence judicial review proceedings; leave to operate as stay; applicant to file and serve substantive motion within 21 days; costs in the cause.
- Legal Topics
- Judicial Review Leave, Tribunal Awards, Jurisdiction of Tribunals, Certiorari Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Embu District Land Disputes
Respondent
Mary Muthoni
Interested Party
Cyrus Njeru
Interested Party
Grace Kanyiva
Interested Party
Muriuki Ireri
Ex Parte Applicant
Procedural Posture
Judicial Review / Ruling on Application for Leave to Commence Judicial Review and for Stay
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings for certiorari against the Embu District Tribunal Committee award.
- 2 Whether the application for leave was filed within the statutory time limit.
- 3 Whether the court has jurisdiction to entertain the application.
Ratio Decidendi
The court found that the application for leave to commence judicial review proceedings was filed within the statutory period of two months from the date of the tribunal's award. The court emphasized that the issue of jurisdiction is fundamental and must be addressed. Accordingly, the court granted the applicant leave to file and serve the substantive Notice of Motion within 21 days, with the leave operating as a stay of the tribunal's award. Costs were ordered to be in the cause.
Court Disposition
Leave granted to the applicant to commence judicial review proceedings; leave to operate as stay; applicant to file and serve substantive motion within 21 days; costs in the cause.
Orders
- Leave to commence judicial review proceedings is granted.
- Applicant to file and serve the substantive Notice of Motion within 21 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW NO. 33 OF 2011
REPUBLIC.......................................................................................................APPLICANT
VERSUS
CHAIRMAN EMBU DISTRICTLAND DISPUTES...................................RESPONDENT
MARY MUTHONI )
CYRUS NJERU).................................................................INTERESTED PARTIES
GRACE KANYIVA)
MURIUKI IRERI..........................................................................EX-PARTE APPLICANT
R U L I N G
This is the Application dated 25/5/2011 brought under Order 53 Rule 1 of the Civil Procedure Rules for leave to file Judicial Review and apply for orders of Certiorari, against the orders of the Embu District Tribunal Committee.
The same is pending before Chief Magistrate’s court as Award No. 30/2011.
Filed is also the verification affidavit plus statement of facts.
The issue here is jurisdiction. Mary Muthoni filed a Replying Affidavit and all the three interested Parties replied orally to the Applicants’ Application for leave which was filed within 2 months of the Tribunals award. The issue of jurisdiction is a serious one and the court must be given an opportunity to deal with it.
I therefore grant leave sought and give the Applicant 21 days within which to file and serve the substantive Notice of Motion. The leave shall operate as stay. Cost in cause.
DATED, DELIVERED AND SIGNED IN OPEN COURT THIS 19TH DAY OF OCTOBER 2011.
H.I. ONGUDI
JUDGE