[2011] KEHC 2010 (KLR)
The court found that the applicant had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari. The applicant demonstrated that the Siongiroi Land Disputes Tribunal may have acted outside its statutory jurisdiction under Section 3 of the Land Disputes Tribunals Act, and that...
Source-derived case information.
- Citation
- [2011] KEHC 2010 (KLR)
- Parties
- Applicant: Sawe Arap Mitei; Respondent: Siongiroi Land Disputes Tribunal; Respondent: Principal Magistrate, Bomet; Interested Party: Sophia Chepkirui Mitei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 17 of 2011
- Procedural Posture
- Judicial Review / Leave to Apply for Certiorari; Interlocutory Application
- Outcome
- Leave granted to apply for certiorari; leave to operate as stay of impugned decisions pending hearing of substantive motion.
- Legal Topics
- Judicial Review, Certiorari, Tribunal Jurisdiction, Land Disputes, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sawe Arap Mitei
Applicant
Siongiroi Land Disputes Tribunal
Respondent
Principal Magistrate, Bomet
Respondent
Sophia Chepkirui Mitei
Interested Party
Procedural Posture
Judicial Review / Leave to Apply for Certiorari; Interlocutory Application
Legal Issues
- 1 Whether the Siongiroi Land Disputes Tribunal acted beyond its statutory jurisdiction under Section 3 of the Land Disputes Tribunals Act.
- 2 Whether the award and subsequent adoption by the Bomet Principal Magistrate were invalid and subject to quashing by certiorari.
- 3 Whether the applicant is entitled to leave to apply for an order of certiorari and a stay of the impugned decisions.
Ratio Decidendi
The court found that the applicant had established sufficient grounds to warrant the grant of leave to apply for an order of certiorari. The applicant demonstrated that the Siongiroi Land Disputes Tribunal may have acted outside its statutory jurisdiction under Section 3 of the Land Disputes Tribunals Act, and that the subsequent adoption of its award by the Bomet Principal Magistrate could be invalid. Accordingly, leave was granted to the applicant to apply for certiorari, and such leave was ordered to operate as a stay of the impugned award and judgment pending the hearing and determination of the substantive motion or until further orders of the court. The court also set timelines for...
Court Disposition
Leave granted to apply for certiorari; leave to operate as stay of impugned decisions pending hearing of substantive motion.
Orders
- Leave is granted to the applicant to apply for an order of certiorari to quash the award of Siongiroi Land Disputes Tribunal and the judgment of Bomet Principal Magistrate in Land Case No. 2 of 2011.
- The leave granted shall operate as a stay of the award and judgment and related proceedings until the substantive motion is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
JUDICIAL REVIEW NO. 17 OF 2011
SAWE ARAP MITEI ……………………..............…………………… APPLICANT
VERSUS
SIONGIROI LAND DISPUTES TRIBUNAL…...........…….....1ST RESPONDENT
PRINCIPAL MAGISTRATE, BOMET ……….............………..2ND RESPONDENT
AND
SOPHIA CHEPKIRUI MITEI ………………................…….INTERESTED PARTY
RULING
The Applicant, Sawe Arap Mitei, seeks in his ex parte Chamber Summons application leave to apply for an order of Certiorari to remove into this court for quashing the award dated 15th December, 2010 made by Siongiroi Land Disputes Tribunaland the judgment dated 2nd March, 2011 made by the Bomet Principal Magistrate in Land Case No. 2 of 2011.
Mr. W. R. Kiprono, learned counsel for the Applicant, urged the Court to grant the leave sought on the ground that the Siongiroi Land Disputes Tribunal acted beyond its power under Section 3 of the Land Disputes Tribunals Act No. 18 of 1980and that the Bomet Principal Magistrate adopted as a judgment of the court an invalid award.
I have duly perused the verifying affidavit and the Statement of Facts filed contemporaneously with the application. I am satisfied that the Applicant has established sufficient grounds for the grant of the leave sought.
Accordingly, I allow pursuant to Rule 1 (1) of Order 53of theCivil Procedure Rules (2010) the application and grant leave to the Applicant to apply for an order of certiorari to remove into this court for quashing the decisions referred to in paragraph 1 of the Chamber Summons application dated 6th April, 2011.
I order pursuant to Rule 1(4) of Order 53of the Civil Procedure Rules that the leave herein granted shall operate as a stay of the award of Siongiroi Land Disputes Tribunal and the judgment of Bomet Principal Magistrate court in Land Case No. 2 of 2011 and proceedings related thereto until the Motion to be filed as hereunder directed is heard and determined or until further orders of this court. However, if Motion is not filed as directed, the stay herein ordered shall lapse after the expiry of the period within which the Motion is directed to be filed.
I direct that the Applicant shall within twenty one (21) days from the date hereof filed a Notice of Motion as required by Rule 3(1) of Order 53of the Civil Procedure Rules and shall serve the said Motion on the Respondent and all such persons who may be affected by it within fourteen (14) days of filing.
The Notice of Motion shall be mentioned on 7th July, 2011 at 9. 00a.m. Seven days prior to the mention on 7th July, 2011, the Applicant shall file an affidavit pursuant to Rule 3(3) of Order 53 of the Civil Procedure Rules.
The costs of this application shall be costs in the Notice of Motion to be filed as herein above.
DATED at KERICHO this 13th day of April, 2011
G.B.M. KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. W.R. Kiprono Advocate for the Applicant
Mr. Koech - Court Clerk