[2010] KEHC 3975 (KLR)
The application for leave to apply for an order of certiorari was filed more than three years after the decision of the Kiogoro Divisional Land Disputes Tribunal, far outside the mandatory six-month period stipulated by section 9(3) of the Law Reform Act. The statutory limitation is strict and the court has no...
Source-derived case information.
- Citation
- [2010] KEHC 3975 (KLR)
- Parties
- Applicant: Republic; Respondent: Kiogoro Divisional Land Disputes Tribunal; Interested Party: Annah Kwamboka Nyasing'a; Ex Parte: Joel Otoigo Nyasing'a
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 77 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Apply for Order of Certiorari
- Outcome
- application struck out with costs
- Legal Topics
- Judicial Review, Certiorari, Limitation Periods, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kiogoro Divisional Land Disputes Tribunal
Respondent
Annah Kwamboka Nyasing'a
Interested Party
Joel Otoigo Nyasing'a
Ex Parte
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Apply for Order of Certiorari
Legal Issues
- 1 Whether the application for leave to apply for an order of certiorari was filed within the statutory six-month period as required by law.
- 2 Whether the court has jurisdiction to grant leave where the application is filed outside the prescribed limitation period.
Ratio Decidendi
The application for leave to apply for an order of certiorari was filed more than three years after the decision of the Kiogoro Divisional Land Disputes Tribunal, far outside the mandatory six-month period stipulated by section 9(3) of the Law Reform Act. The statutory limitation is strict and the court has no jurisdiction to extend or disregard it. As such, the application is incompetent and must be struck out with costs to the respondent.
Court Disposition
application struck out with costs
Orders
- The application is struck out as incompetent.
- The applicant shall pay the costs of the application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Miscellaneous Civil Application 77 of 2009
REPUBLIC………………………………………………………………………APPLICANT
-VERSUS-
KIOGORO DIVISIONAL LAND DISPUTES TRIBUNAL…………RESPONDENT
AND
ANNAH KWAMBOKA NYASING’A………………………INTERESTED PARTY
AND
JOEL OTOIGO NYASING’A…………………………………………………EX-PARTE
RULING
It is clear that under section 9(3) of the Law Reform Act(Cap.26)in the case of an application for an Order of Certiorari leave shall not be granted unless the application for leave is made within six months from the date of the decision that is sought to be quashed. (SeeAko.V.Special District Commissioner Kisumuand Another [1989] KLR 163).The decision of the Kiogoro Divisional Land Disputes Tribunal that offended the applicant was made on 5/5/2006, and the application for leave filed on 8/7/2009. That was well outside the mandatory statutory period.
I agree with Mr. Mbicha for the respondent that the application is incompetent. The same is struck out with costs.
Dated, signed and delivered at Kisii this 20th day of January, 2010.
A.O.MUCHELULE
JUDGE
20/1/2010
Before A.O.Muchelule-J
Court clerk-Bibu
Mr. Ombui for Mr. Miyienda for Applicant
Court: Ruling in open Court
A.O.MUCHELULE
JUDGE
20/1/2010