[2011] KEHC 580 (KLR)
The court found that the applicant had raised a serious issue regarding the jurisdiction of the Mwea Division Land Disputes Tribunal to make an award affecting title to land. Since the application for leave was made within the stipulated time and the issue of jurisdiction is fundamental, the court granted leave to...
Source-derived case information.
- Citation
- [2011] KEHC 580 (KLR)
- Parties
- Applicant: Republic; Respondent: Mwea Division Land Disputes; Respondent: SRM Wanguru Law Courts; Respondent: Judy Wangechi Kariuki; Respondent: Peter Warui Karuiki; Interested Party: Kariuki Mugo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 60 of 2011
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to file substantive judicial review application; leave to operate as stay.
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Certiorari, Prohibition, Land Disputes, Title to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mwea Division Land Disputes
Respondent
SRM Wanguru Law Courts
Respondent
Judy Wangechi Kariuki
Respondent
Peter Warui Karuiki
Respondent
Kariuki Mugo
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the Mwea Division Land Disputes Tribunal had jurisdiction to make the award concerning title to land.
- 2 Whether the applicant is entitled to leave to file for orders of certiorari and prohibition against the Tribunal's award and the subordinate court's judgment.
Ratio Decidendi
The court found that the applicant had raised a serious issue regarding the jurisdiction of the Mwea Division Land Disputes Tribunal to make an award affecting title to land. Since the application for leave was made within the stipulated time and the issue of jurisdiction is fundamental, the court granted leave to the applicant to file the substantive judicial review application. The leave was also ordered to operate as a stay of the Tribunal's award and the subordinate court's judgment until the substantive application is heard.
Court Disposition
Leave granted to file substantive judicial review application; leave to operate as stay.
Orders
- Leave is granted to the applicant to file the substantive judicial review application within 21 days.
- The leave granted shall operate as a stay until the substantive application is heard.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW APPLICATION NO. 60 OF 2011
REPUBLIC...............................................................................................................................APPLICANT
VERSUS
MWEA DIVISION LAND DISPUTES..........................................................................1ST RESPONDENT
SRM WANGURU LAW COURTS...............................................................................2ND RESPONDENT
JUDY WANGECHI KARIUKI.......................................................................................3RD RESPONDENT
PETER WARUI KARUIKI..............................................................................................4TH RESPONDENT
AND
EXPARTE
KARIUKI MUGO........................................................................................................INTERESTED PARTY
R U L I N G
This is the Application dated 19/9/2011. The applicant applies for leave to file Judicial Review for an order of Certiorari and Prohibition in respect of the Award made by the Mwea Division Land Disputes Tribunal and the court’s Judgment from Wang’uru Law Courts. The applicant has also filed a statement of Facts, a Verifying Affidavit.
The issue the Applicant is raising is on the jurisdiction of the Tribunal. The Respondents were served but did not attend court. However the 3rd Respondent filed a Replying Affidavit, saying there was no interference with title.
I have read the copy of the proceedings at the Land Disputes Tribunal. It’s important that the issue of title be sorted out. I therefore grant leave to the Applicant to file the substantive application as the same has been made within the stipulated time. He will do so and serve within 21 days. Further the leave shall operate as stay until this application is heard. Cost in cause.
DATED, DELIVERED AND SIGNED IN OPEN COURT AT EMBU THIS 19TH DAY OF OCTOBER 2011.
H. I. ONG’UDI
JUDGE