In Re the matter of the Ruiru Division Land Disputes Tribunal and the Chief Magistrate Court, Thika [2011] KEHC 2585 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

ELC. MISCELLANEOUS CASE NO. 55 OF 2011

IN THE MATTER OF AN APPLICATION BY HARRISON CHEGE MAINA AND SAMUEL KIMEMIA GITORO FOR

LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION

AND

IN THE MATTER OF THE LAND DISPUTE TRIBUNAL ACT NUMBER 18 OF 1990

AND

IN THE MATTER OF THE LAND DISPUTE TRIBUNAL CASE NUMBER 50 OF 2008 AT THE THIKA CHIEF MAGISTRATE COURT

AND

IN THE MATTER OF THE RUIRU DIVISION LAND DISPUTES TRIBUNAL AND THE CHIEF MAGISTRATE COURT, THIKA

RULING

The applicant’s application dated 26th may, 2011 seeks, inter alia, leave to apply for an order of certiorari to bring to this court for purpose of quashing a decision by the Ruiru Division Land Disputes Tribunals dated 10th September, 2008 and confirmed by the Chief Magistrate’s Court, Thika, on 5th January, 2009. The tribunal ordered cancellation of his title to a parcel of land known as RUIRU WEST BLOCK 1/37.

Order 53 rule 2 of the Civil Procedure Rules is clear that:

“Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceedings for the purposes of its being quashed unless the application for leave is made not later than six (6) months after the date of the proceeding”.

The period of six months is stipulated under Section 9(3) of the Law Reform Act, Cap 26. The court has no power to enlarge time even if the applicant became aware of the impugned decision after expiry of six months. See AKO v SPECIAL DISTRICT COMMISSIONER KISUMU & ANOTHER [1989] KLR 16.

Consequently, the application for leave is dismissed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF MAY, 2011.

D. MUSINGA

JUDGE