[2007] KEHC 1206 (KLR)
The court found that the applicants had demonstrated an arguable case that the Land Disputes Tribunal may have acted outside its jurisdiction in awarding the suit land. Accordingly, leave was granted to commence judicial review proceedings for certiorari only. The court declined to grant leave for mandamus, finding...
Source-derived case information.
- Citation
- [2007] KEHC 1206 (KLR)
- Parties
- Applicant: Kibora A. Lelmenget, Bishop Thomas Kogo, Lucia Sakhakha, Kipserem Simon Too, Rael Chepsongok, Zecharia Kipkemoi Cheruiyot, David Kiprugut A. Lel, Simon K. Busiene; Respondent: Chairman, Kiplombe Division Land Disputes Tribunal; Respondent: Land Disputes Tribunal, Kiplombe Division; Interested Party: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 45 of 2007
- Procedural Posture
- Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review proceedings for certiorari only; leave for mandamus refused.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Jurisdiction, Land Disputes, Leave to Apply
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kibora A. Lelmenget, Bishop Thomas Kogo, Lucia Sakhakha, Kipserem Simon Too, Rael Chepsongok, Zecharia Kipkemoi Cheruiyot, David Kiprugut A. Lel, Simon K. Busiene
Applicant
Chairman, Kiplombe Division Land Disputes Tribunal
Respondent
Land Disputes Tribunal, Kiplombe Division
Respondent
Attorney General
Interested Party
Procedural Posture
Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine the land dispute in question.
- 2 Whether leave should be granted to commence judicial review proceedings for certiorari and mandamus.
Ratio Decidendi
The court found that the applicants had demonstrated an arguable case that the Land Disputes Tribunal may have acted outside its jurisdiction in awarding the suit land. Accordingly, leave was granted to commence judicial review proceedings for certiorari only. The court declined to grant leave for mandamus, finding no sufficient basis at this stage. The applicants were directed to file the substantive notice of motion within 21 days, with service to be effected at least eight clear days before the hearing. Costs were ordered to be in the cause.
Court Disposition
Leave granted to commence judicial review proceedings for certiorari only; leave for mandamus refused.
Orders
- Leave is granted to the applicants to commence judicial review proceedings for certiorari only.
- Applicants to file a notice of motion within 21 days of this ruling.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 45 of 2007
1. Land and Environmental Law Division
2. Subject of main file: Judicial Review
i) LAND DISPUTES TRIBUNAL KIPLOMBE DIVISION ELDORET
ii) LR Chemalal Settlement Scheme plots 117,118,59,59,59,120.
iii) Land awarded to interested party
7 April 2007 adopted to court Eldoret Chief Magistrates Court case 21/07. Decree issued 7 June 2007.
3. Leave to file and commence Judicial Review proceeding for certiorari and mandamus dated 22 October 2001.
4. Held:
i) Leave granted for certiorari only
ii) Notice of motion filed within 21 days.
iii) Service be 8 days clear to the hearing of the notice of motion.
iv) Costs in the cause.
5. Case law – Nil
6. Advocate:
E. Chelaget of Edwin K. Chelinget & Co. Advocates for the plaintiff/exparte applicant - present
IN THE MATTER OF THE REGISTERED LAND ACT CAP.300 LAWS OF KENYA
N THE MATTER OF THE LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990
BETWEEN
REPUBLIC.............................................................................APPLICANT
VERSUS
THE CHAIRMAN KIPLOMBE DIVISION...............1ST RESPONDENT
LAND DISPUTES TRIBUNAL...….......…….….. 2ND RESPONDENT
THE ATTORNEY GENRAL ……..….….......…..INTERESTED PARTY
EXPARTE/APPLICANT …………...........…..KIBORA A. LELMENGIT
BISHOP THOMAS KOGO, LUCIA SAKHAKHA, KIPSEREM SIMON TOO, RAEL CHEPSONGOK,ZECHARIA KIPKEMOI CHERUIYOT, DAVID KIPRUGUT A. LEL and SIMON K. BUSIENE
RULING
I Leave to commence judicial Review Proceeding
1. The land disputes tribunal of Kiplombe Division, Eldoret heard a land dispute brought to them by Rashid Kiprugut Too. They awarded and declared that 75 acres of the suit belongs to him. The award made on 7 April 2007 was adopted as the award of the court on 8 May 2007 and a decree issued on 7 June 2007.
2. The applicants, seven in number, applied to this High Court of Kenya on 23 October 2007 for leave to commence Judicial review proceedings by the application of 22 October 2007.
3. They sought orders of certiorari and Mandamus on grounds that the tribunal lacked jurisdictions to determine the said case.
II: Finding
4. The court herein grants the application for leave only to file proceeding of Judicial review for orders of certiorari only. The orders for mandamus – no leave is granted for this.
5. That leave be and is hereby granted to commence Judicial Review proceeding by the applicants. They are to file a notice of motion within 21 days of this ruling for leave. That there must be eight clear days between the date of hearing and the date the application by way of notion is served.
Dated this 20th day of November 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
E. Cheluget of Edwin K. Chelunget & Co. Advocates for the plaintiff/exparte applicant - present