[2014] KEHC 6740 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

JUDICIAL REVIEW APPLICATION NO. 34 OF 2013

IN THE MATTEROF JUDICIAL REVIEW APPLICATION FOR LEAVE TO APPLY FOR AN ORDER OF CERTIORARI

AND

IN THE MATTER OF THE ADJUDICATION ACT CAP 284 LAWS OF KENYA

AND

IN THE MATTER OF THE DECISION BY J.K. CHELIMO DISTRICT COMMISSIONER,MBEERE NORTH DISTRICT IN ADJUDICATION APPEAL NO. 299 OF 2011

GODFREY JOSEPH NYAGA NJUKI represented by

AMBROSE NJIRU NTHIGA ......................................................................APPELLANT

VERSUS

MWANIKI MWIGE represented by EUTON NJUKI MAKUNGO......RESPONDENT

AND

IN THE MATTER OF JUDICIAL REVIEW

REPUBLIC ................................................................................................. APPLICANT

VERSUS

MINISTER FOR LANDS AND SETTLEMENT .............................1ST RESPONDENT

J.K. CHELIMO DISTRICT

COMMISSIONER, MBEERE NORTH DISTRICT.........................2ND RESPONDENT

THE ATTORNEY GENERAL ........................................................ 3RD RESPONDENT

AMBROSE NJIRU NTHIGA ..................................................... INTERESTED PARTY

AND

EUTON NJUKI MAKUNGO ................................................. EX-PARTE APPLICANT

RULING

By his Chamber Summons dated 24th May 2013 and filed in this Court on the same day, the ex-parte applicant EVTON NJUKI MUKUNGO seeks the following orders:-

That this Court do grant him leave to apply for an order of certiorari to call into this Court and quash the decision of the District Commissioner Mbeere North District dated 7th December 2012 allowing appeal to the Minister in Land Appeal Case No. 299 of 2011.

That the leave so granted do operate as a stay of execution of the decision of the District Commissioner Mbeere North District

That costs be provided for

The said application is supported by the applicant’s affidavit and Statutory statement filed herein.

I have considered the affidavit in support of the application together with the other documents herein and the submissions of Ms Njeru Advocate for the applicant.

What comes out is that the Minister’s appeal was filed out of time and also that the Minister through the District Commissioner purported to cancel a title deed in respect of land parcel No. MBEERE/KIRIMA/2604 when he had no powers to do so.

On the face of it, I am satisfied that the applicant has demonstrated sufficient grounds for the orders sought in this Chamber Summons. I accordingly allow the same and grant the leave sought. In accordance with Order 53 Rule 3 of the Civil Procedure Rules, I direct that the applicant do file the Notice of Motion within 21 days from the date of this ruling and serve the same upon the respondents and all other such persons as are affected by it within 14 days of filing and thereafter file an affidavit indicating who has been served. The leave granted shall also operate as a stay of execution of the decision of the District Commissioner Mbeere North District.

Costs shall be in the cause.

B.N. OLAO

JUDGE

24TH FEBRUARY, 2014

24/2/2014

Coram

B.N. Olao – Judge

CC – Mwangi

Mr. Njoroge for Njeru for Petitioner – present

Respondent - absent (Ex-parte)

COURT: Ruling delivered this 24th day of February 2014 in open Court.

Mr. Njoroge for Njeru for applicant present.

B.N. OLAO

JUDGE

24TH FEBRUARY, 2014