[2011] KEHC 586 (KLR)
The court found that the applicant had complied with the procedural requirements for seeking leave to apply for judicial review, including filing the application within the prescribed six-month period. The supporting documents, such as the affidavit of verification and statement of facts, were duly filed. However,...
Source-derived case information.
- Citation
- [2011] KEHC 586 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Mwea Land Disputes Tribunal; Respondent: SRM Wanguru Law Courts; Respondent: Emmanuel Njogu Muchina; Applicant: Judy Njeri Micere
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 48 of 2009
- Procedural Posture
- Judicial Review / Ruling on Ex Parte Application for Leave to Apply for Certiorari
- Outcome
- Leave to file and serve the substantive application for certiorari granted; application for stay declined.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Land Disputes, Leave to Apply, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Mwea Land Disputes Tribunal
Respondent
SRM Wanguru Law Courts
Respondent
Emmanuel Njogu Muchina
Respondent
Judy Njeri Micere
Applicant
Procedural Posture
Judicial Review / Ruling on Ex Parte Application for Leave to Apply for Certiorari
Legal Issues
- 1 Whether the applicant should be granted leave to file a substantive application for judicial review by way of certiorari.
- 2 Whether the application for stay of execution of the tribunal's award and subordinate court order should be granted.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements for seeking leave to apply for judicial review, including filing the application within the prescribed six-month period. The supporting documents, such as the affidavit of verification and statement of facts, were duly filed. However, the court determined that the request for a stay of execution was not merited at this stage, as the applicant had not demonstrated sufficient grounds for such an order. Consequently, leave was granted to file and serve the substantive application for certiorari within 21 days, but the prayer for stay was declined.
Court Disposition
Leave to file and serve the substantive application for certiorari granted; application for stay declined.
Orders
- Applicant granted leave to file and serve the substantive application within 21 days.
- Application for stay of execution is declined.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW NO. 48 OF 2009
REPUBLIC………………………...………………………………………………………………..APPLICANT
VERSUS
CHAIRMAN MWEA LAND
DISPUTES TRIBUNAL…………………........……………..….…………….………………1ST RESPONDENT
SRM WANGURU LAW COURTS……………................…………………………………..2ND RESPONDENT
EMMANUEL NJOGU MUCHINA…………….................…….…………………………….3RD RESPONDENT
AND
JUDY NJERI MICERE..…………………………........…..………..…………………EX-PARTE APPLICANT
R U L I N G
This is the Applicant’s Application dated 11/9/2009 for leave to file Judicial Review for an order of Certiorari to move into the High Court and quash the award of Mwea Lands Disputes Tribunal and the order of Wang’uru SRM’s court delivered on 26/3/2009.
It has been made exparte in line with Order 53 Rule 1 of Civil Procedure Rules. Accompanying the Application is:
1. An affidavit of verification
2. Statement of facts
3. Undated proceedings from the Tribunal
4. Proceedings from the Wang’uru SRM’s court.
The application for Certiorari has been filed within 6 months of the adoption by the court of the Tribunal’s award. As I said the Award is undated. This is a matter filed in 2009 and I wonder why it has taken this long to be prosecuted.
I grant the Applicant leave to file and serve the substantive application within 21 days. I decline to grant the order for stay as it is not merited.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 18TH DAY OF OCTOBER 2011.
H. I. ONG’UDI
JUDGE