[2011] KEHC 584 (KLR)
The court found that the application for leave to apply for judicial review was filed within the statutory six-month period. The central issue raised was whether the Land Disputes Tribunal had jurisdiction to issue the impugned orders. Without delving into the merits of the substantive application, the court held...
Source-derived case information.
- Citation
- [2011] KEHC 584 (KLR)
- Parties
- Applicant: Republic; Respondent: The District Land Disputes Central Divisions; Respondent: Senior Resident Magistrate Kerugoya; Respondent: Richard Mugo Gichangi; Interested Party: Anthony Wachira Ndumbi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 65 of 2010
- Procedural Posture
- Judicial Review / Ruling on Application for Leave to Apply for Judicial Review Orders
- Outcome
- Leave to apply for judicial review granted; stay of impugned orders for 60 days.
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Certiorari, Prohibition, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The District Land Disputes Central Divisions
Respondent
Senior Resident Magistrate Kerugoya
Respondent
Richard Mugo Gichangi
Respondent
Anthony Wachira Ndumbi
Interested Party
Procedural Posture
Judicial Review / Ruling on Application for Leave to Apply for Judicial Review Orders
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to issue the impugned orders.
- 2 Whether the application for leave was filed within the statutory period.
- 3 Whether the application raises an arguable issue warranting leave for judicial review.
Ratio Decidendi
The court found that the application for leave to apply for judicial review was filed within the statutory six-month period. The central issue raised was whether the Land Disputes Tribunal had jurisdiction to issue the impugned orders. Without delving into the merits of the substantive application, the court held that the question of jurisdiction is a fundamental issue that warrants consideration. Accordingly, the court granted leave to the applicant to file the substantive motion for judicial review and ordered that the leave operate as a stay for 60 days.
Court Disposition
Leave to apply for judicial review granted; stay of impugned orders for 60 days.
Orders
- Leave to apply for orders of certiorari and prohibition granted.
- Applicant to file substantive motion within 21 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW NO. 65 OF 2010
REPUBLIC……………………………………………………………….……………………..APPLICANT
VERSUS
THE DISTRICT LAND DISPUTES CENTRAL DIVISIONS……................……………..1ST RESPONDENT
SENIOR RESIDENT MAGISTRATE KERUGOYA…....................……………………….2ND RESPONDENT
RICHARD MUGO GICHANGI…………..………………..…….............………………….3RD RESPONDENT
AND
EXPARTE
ANTHONY WACHIRA NDUMBI………….....………………..............……………INTERESTED PARTY
R U L I N G
The Applicant has come before this court by way of Chamber Summons seeking leave to file an order of Certiorari and Prohibition and that the leave operates as stay. It is supported by a statement of facts plus a verifying affidavit.
The orders he seeks to be quashed were issued by the Land Disputes Tribunal and later confirmed by the court on 28/9/2010 and on 2/11/2010 respectively. He filed this Application on 25/11/2010 which was within the stipulated period of 6 months.
Both counsels have filed their rival submissions opposing and supporting the application. Remember it’s an application for leave not the substantive one! After confirming that the application has been filed within the required period, the next issue is whether the Application raises any issue which should be articulated on by this court.
The issue raised here is jurisdiction. Did the Tribunal have jurisdiction to give the orders it gave? Without looking into the merits or lack of it the Application raises an issue for consideration by this court. I therefore grant the leave sought by the Applicant and grant him 21 days to file the substantive motion.
I also grant prayer No. 3 of the Chamber Summons. The stay will be for 60 days.
DATED, DELIVERED AND SIGNED AT EMBU THIS 13TH DAY OF DECEMBER 2011.
H. I. ONG’UDI
JUDGE