[2011] KEHC 4344 (KLR)
The court found that the applicant had established an arguable case for judicial review and that the circumstances warranted the grant of leave to commence proceedings. Furthermore, the court determined that it was appropriate for the leave to operate as a stay of further action in Thika Land Disputes Tribunal case...
Source-derived case information.
- Citation
- [2011] KEHC 4344 (KLR)
- Parties
- Applicant: David Kimani Karogo; Respondent: Thika Land Disputes Tribunal; Respondent: Florence Gathoni Nduati; Respondent: Resident Magistrates Court Thika
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 78 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave to commence judicial review proceedings granted; leave to operate as stay.
- Judges
- CC Kipkorir
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari, Mandamus, Prohibition, Tribunal Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kimani Karogo
Applicant
Thika Land Disputes Tribunal
Respondent
Florence Gathoni Nduati
Respondent
Resident Magistrates Court Thika
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant has established an arguable case for leave to commence judicial review proceedings.
- 2 Whether leave should operate as a stay of proceedings in Thika Land Disputes Tribunal case No. 5/2006.
Ratio Decidendi
The court found that the applicant had established an arguable case for judicial review and that the circumstances warranted the grant of leave to commence proceedings. Furthermore, the court determined that it was appropriate for the leave to operate as a stay of further action in Thika Land Disputes Tribunal case No. 5/2006, in order to preserve the status quo pending the hearing and determination of the substantive application. The court directed the applicant to file and serve the main application within 15 days, with the respondents to reply within 15 days of service.
Court Disposition
Leave to commence judicial review proceedings granted; leave to operate as stay.
Orders
- Leave to bring judicial review proceedings is granted.
- Leave granted shall operate as a stay of further action in Thika Land Disputes Tribunal case No. 5/2006.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR.ELC MISCELLANEOUS CIVIL APPLICATION NO. 78 OF 2011
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI MANDAMUS AND PROHIBITION
AND
IN THE MATTER OF LAND DISPUTES TRIBUNALS ACT
BETWEEN
DAVID KIMANI KAROGO.......................................................APPLICANT
EX-PARTE
VERSUS
THIKA LAND DISPUTES TRIBUNAL..........................1ST RESPONDENT
FLORENCE GATHONI NDUATI...................................2ND RESPONDENT
RESIDENT MAGISTRATES COURT THIKA...............3RD RESPONDENT
RULING
This ruling is in respect of the application dated 13th September, 2011 brought to this court by way of Chamber Summons by David Kimani Karogo (the Applicant). At the hearing of the application interpartes on 9th November, 2011 I allowed John Munene Nduati the husband of Florence Gathoni Nduati ( the 2nd Respondent) to address the court on the issue of granting leave. Although he initially told the court that he was opposed to the application he eventually left the matter for the decision of the court.
I have looked at the application together with the supporting arguments. On the face of it I find that the Applicant has established that he has an arguable case. I therefore allow the application for leave to bring judicial review proceedings. I also find that this is a case where a stay of further action in respect of Thika Land Disputes Tribunal case No. 5/2006 should be granted. I therefore direct that the leave granted do operate as stay. The Applicant is directed to file and serve the main application within the next 15 days from the date of this ruling. The respondents will have 15 days from the date of service within which to file their replies. The costs will abide the outcome of the main application. This matter will be mentioned on 14th December, 2011 for further directions.
Dated,signed and delivered at Nairobi this 15th day of November, 2011.
W. K KORIR
JUDGE