[2014] KEHC 7071 (KLR)
The court found that the applicant had established sufficient reason, based on the material presented, to warrant the grant of leave to apply for judicial review orders of certiorari and prohibition. The applicant demonstrated an arguable case that the respondent's decision deprived him of property without...
Source-derived case information.
- Citation
- [2014] KEHC 7071 (KLR)
- Parties
- Applicant: John Karani Kiberenge (deceased) represented by Timothy Mugo Karani; Respondent: Kithaka Ikuthi; Respondent: Minister for Lands; Respondent: Land Registrar Mbeere District
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 1 of 2014
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review and Stay
- Outcome
- Leave to apply for judicial review granted; leave to operate as stay; directions for filing and service of substantive motion.
- Judges
- BN Olao
- Legal Topics
- Judicial Review, Land Adjudication, Certiorari, Prohibition Orders
- 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
John Karani Kiberenge (deceased) represented by Timothy Mugo Karani
Applicant
Kithaka Ikuthi
Respondent
Minister for Lands
Respondent
Land Registrar Mbeere District
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review and Stay
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for orders of certiorari and prohibition against the decision of the Minister in Land Appeal No. 120 of 1991.
- 2 Whether leave should operate as a stay of the Land Registrar's intended registration of the disputed land.
Ratio Decidendi
The court found that the applicant had established sufficient reason, based on the material presented, to warrant the grant of leave to apply for judicial review orders of certiorari and prohibition. The applicant demonstrated an arguable case that the respondent's decision deprived him of property without reasonable cause and without providing reasons for deviating from a prior committee ruling. The court further held that it was appropriate for the leave granted to operate as a stay of the Land Registrar's intended registration of the disputed land, to preserve the status quo pending the hearing and determination of the substantive motion. The court directed the applicant to file the...
Court Disposition
Leave to apply for judicial review granted; leave to operate as stay; directions for filing and service of substantive motion.
Orders
- Leave to apply for orders of certiorari and prohibition is granted.
- Leave shall operate as a stay of the Land Registrar Mbeere District's decision to register the disputed land pending determination of the substantive motion.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
JR. MISC. CIVIL APPLICATION NO. 1 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 120 OF 1991
AND
IN THE MATTER OF COMMITTEE CASE NUMBER 32/74-75
JOHN KARANI KBERENGE (DECEASED) REPRESENTED BY TIMOTHY MUGO KARANI
AGAINST
KITHAKA IKUTHI
AND
IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION
JOHN KARANI KIBERENGE (REPRESENTED BY
TIMOTHY MUGO KARANI ..............................................................APPLICANT
VERSUS
KITHAKA IKUTHI .........................................................................RESPONDENT
KITHAKA EKUTHI ........................................................................... APPLICANT
VERSUS
MINISTER FOR LANDS ........ ...................................................... RESPONDENT
AND
THE LAND REGISTRAR MBEERE DISTRICT ........................ 1ST INTEREESTED PARTIES
JOHN KARANI KIBERENGE .................................... 2ND INTERESTED PARTY
RULING
The applicant herein has moved this Court by his Chamber Summons filed on 14th January 2014 under Certificate of urgency seeking leave to apply for an order of certiorari to quash the decision of the respondent in Appeal No. 120 of 1991 dated 31st July 2013 which deprived him of his property without a reasonable cause. He further seeks leave to apply for an order of prohibition prohibiting the Land Registrar Mbeere from registering the disputed portion of land and that such leave do operate as a stay of the intended action by the Land Registrar Mbeere.
The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which he has deponed, inter alia, that the respondent in his ruling did not give any reasons or grounds of deviating from the ruling of the Committee Case No. 32/74-75 made on 19th December 1980.
I have considered the application, the submissions by Mr. Kamunda advocate, the verifying affidavit of the applicant together with the annextures thereto and the Statutory statement.
I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reason to warrant the granting of the orders sought in the said Chamber Summons. I grant the leave sought and further direct that the said leave shall operate as a stay of the decision of the said Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested parties 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 all persons affected by it within 14 days of the filing of the Notice of Motion.
Costs in the cause.
B.N. OLAO
JUDGE
31ST JANUARY, 2014
31/01/2014
Coram
B.N. Olao – Judge
CC – Mwangi
Mr. Ngari for Mr. Kamunda for Applicant - present
Respondent - absent (Ex-parte)
COURT: Ruling delivered this 31st January 2014 in open Court
Mr. Ngari for Mr. Kamunda for applicant present.
B.N. OLAO
JUDGE
31ST JANUARY, 2014