[2011] KEHC 4212 (KLR)
The court found that the applicants had established sufficient grounds for leave to apply for an order of certiorari to quash the award of the Chemaner Land Disputes Tribunal and the consequential judgment of the Chief Magistrate's Court. The court exercised its discretion under Order 53 of the Civil Procedure Rules...
Source-derived case information.
- Citation
- [2011] KEHC 4212 (KLR)
- Parties
- Applicant: Zakayo M. Ngeteche; Applicant: Kinabo A. Baliach; Respondent: Chairman Chemaner Land Disputes Tribunal; Respondent: Principal Magistrate, Kericho; Respondent: Kipkorir A. Baliach
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 41 of 2010
- Procedural Posture
- Miscellaneous Application / Leave to Apply for Judicial Review (certiorari) Granted
- Outcome
- leave to apply for certiorari granted; leave to operate as stay of award and judgment
- Legal Topics
- Judicial Review, Certiorari, Tribunal Awards, Land Disputes, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakayo M. Ngeteche
Applicant
Kinabo A. Baliach
Applicant
Chairman Chemaner Land Disputes Tribunal
Respondent
Principal Magistrate, Kericho
Respondent
Kipkorir A. Baliach
Respondent
Procedural Posture
Miscellaneous Application / Leave to Apply for Judicial Review (certiorari) Granted
Legal Issues
- 1 Whether the applicants have established sufficient grounds for leave to apply for an order of certiorari against the award of the Chemaner Land Disputes Tribunal and the consequential judgment of the Chief Magistrate's Court.
- 2 Whether leave granted should operate as a stay of the tribunal award and the magistrate's judgment.
Ratio Decidendi
The court found that the applicants had established sufficient grounds for leave to apply for an order of certiorari to quash the award of the Chemaner Land Disputes Tribunal and the consequential judgment of the Chief Magistrate's Court. The court exercised its discretion under Order 53 of the Civil Procedure Rules to grant leave and further directed that such leave would operate as a stay of the award and judgment until the substantive motion is heard and determined or until further orders. The court also set timelines for filing and serving the substantive Notice of Motion and fixed a mention date for further directions.
Court Disposition
leave to apply for certiorari granted; leave to operate as stay of award and judgment
Orders
- Leave is granted to the applicants to apply for an order of certiorari as prayed.
- Applicants to file a Notice of Motion within 21 days from the date hereof.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 41 OF 2010(JR)
JUDICIAL REVIEW FOR ORDERS OF CERTIORARI
BETWEEN
ZAKAYO M. NGELECHE..................................................................................................1ST APPLICANT
KINABO A. BALIACH...................................................................................................... 2ND APPLICANT
VS.
THE CHAIRMAN CHEMANER LAND DISPUTESTRIBUNAL...................................1ST RESPONDENT
THE PRINCIPAL MAGISTRATE, KERICHO...............................................................2ND RESPONDENT
KIPKORIR A. BALIACH................................................................................................3RD RESPONDENT
RULING
The applicants, messrs Zakayo M. Ngeteche and Kainabo A. Baliach, seek leave in their Chamber Summons application dated 18/11/2010 to apply for an order of certiorari to remove into this Court for quashing the 2nd Respondent’s order dated 23rd September 2010 made in Kericho C.M Court misc. application No.72 of 2010 pursuant to an award made by the 1st Respondent.
I have perused the application and the Statement and the verifying affidavit filed by the applicants pursuant to Order 53of the Civil Procedure Rules, and I am satisfied that the applicants have established sufficient grounds for the leave they seek. Accordingly, I grant the applicants leave to apply for an order of certiorari as prayed. I direct that the applicants shall, pursuant to Rule 3 of Order 53,file a Notice of Motion within 21 days from the date hereof. I further direct that the Notice of Motion shall be served on the Respondents and all such persons as may be affected by it within 21 days of filing.
The leave herein granted shall operate as a stay of the award and the judgment of the Kericho Chief Magistrate Court entered in Misc.App. No. 72 of 2010 until the Notice of Motion is heard and determined or until further orders.
This cause shall be mentioned on 14/3/2011 at 2. 30pm.
The costs of this application shall be in the cause.
DATEDat KERICHO this 20th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. E.M. Orina, Advocate, for the Applicant
Mr. N. Bett, Court clerk