[2014] KEHC 7070 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

J.R MISC CIVIL APPLICATION NO. 3 OF 2014

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION AND CERTIORARI

AND

IN THE MATTER OF AN APPEAL TO THE MINISTER LAND APPEAL CASE NUMBER 127 OF 1991

JOHN KARANI KIBERENGE (DECEASED)

REPRESENTED BY TIMOTHY MUGO KARANI ........................ APPELLANT

AGAINST

KARIUKI NGARI (DECEASED)

REPRESENTED BY VENCESLAO NTHIGA ............................ RESPONDENT

AND

IN THE MATTER OF LAND COMMITTEE CASE NUMBER 37/74-75

JOHN KARANI KIBERENGE ............................................................... PLAINTIFF

AGAINST

KARIUKI NGARI (DECEASED)

REPRESENTED BY VENCESLAO NTHIGA ............................... DEFENDANT

AND

IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION

KARIUKI NGARI (DECEASED)

REPRESENTED BY VENCESLAO NTHIGA .................................. APPLICANT

VERSUS

MINISTER FOR LANDS .............................................................. RESPONDENT

AND

THE LAND REGISTRAR MBEERE DISTRICT ........ 1ST INTERESTED PARTY

JOHN KARANI KIBERENGE (REPRESENTED BY TIMOTHY MUGO KARANI JOSEPH ....................................................... 2ND INTERESTED PARTY

RULING

The ex-parte applicant herein vide his Chamber Summons filed on 14th January 2014 under Certificate of urgency seeks leave to apply for an order of certiorari to quash the decision of the respondent who is the Minister of Lands in Appeal Case No. 127 of 1991 made on 31st July 2013 depriving him of his property without a reasonable cause. He further seeks leave to apply for an order prohibiting the Land Registrar Mbeere District who is the 1st interested party herein from registering the disputed portions of land and that such leave do operate as a stay of the intended action by the said Land Registrar Mbeere District.

The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which it is deponed that the respondent in his ruling dated 31st July 2013 in Appeal Case No. 127 of 1991 was biased and acted in breach of the rules of natural justice by failing to consider the applicant’s side of the case and also did not give reasons for departing from the earlier decision of the Committee in case No. 37/74-75.

I have considered the application, the submissions by Mr. Kamunda advocate, the applicant’s verifying affidavit, Statutory statement and other annextures herein.

I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reasons to warrant the granting of the orders sought in the said Chamber Summons. I therefore grant the leave sought and direct that the said leave shall operate as a stay of the decision of the Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested party pending the hearing and determination of the substantive Notice of Motion which shall be filed within twenty one (21) days of the delivery of this ruling. I further direct that the said Notice of Motion be served on allparties affected by it within 14 days of being filed.

Costs in the cause.

B.N. OLAO

JUDGE

31ST JANUARY, 2014