JOSEPH MARITIM v THE CHAIRMAN NDANAI LAND DISPUTES TRIBUNAL,THE CHIEF MAGISTRATE, KERICHO & WILLIAM KIPRUTO MAINA [2011] KEHC 3403 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

MISCELLANEOUS APPLICATION NO. 6 OF 2011(JR)

JOSEPH MARITIM………. …………………..........................................…………………………..APPLICANT

VS.

THE CHAIRMAN NDANAI LAND DISPUTES TRIBUNAL………………………………….1ST RESPONDENT

THE CHIEF MAGISTRATE, KERICHO………...............................................……………......2ND RESPONDENT

WILLIAM KIPRUTO MAINA……………….............................................……………………3RD RESPONDENT

RULING

I have perused the Chamber Summons application dated 2/2/2011 seeking leave to apply for an order of certiorari to bring into this Court for quashing the order dated 31/1/2011 made by the 2nd Respondent herein, namely, the Chief Magistrate Court at Kericho in Kericho Chief Magistrate Court Misc. Civil application No. 102 of 2010 pursuant to an award dated 4/11/2010 made by the 1st Respondent, Ndanai Land Disputes Tribunal. I have also considered the submissions made by Mr. E.M. Orina, learned Counsel for the applicant. I am satisfied that the applicant has shown sufficient basis for the grant of the leave sought.

Accordingly, pursuant to Rule 1 of Order 53 of the Civil Procedure Rules 2010Igrant the applicant leave to apply for an order of certiorari as prayed for in paragraph (a) of the said application. I order that the leave herein granted shall operate as a stay of the proceedings in the Chief Magistrate Court Misc. Civil application No. 102 of 2010 and the award dated 4th November 2010 made by the 1st Respondent until further orders of this Court or until the Notice of Motion hereinafter directed to be filed is heard and disposed of. In the event that the Notice of Motion is not filed as hereinafter directed, this order for stay shall lapse after the expiry of the period by which time the Motion should be filed.

Pursuant to Rule 3 of Order 53 of the Civil Procedure Rules 2010, I order that the Applicant shall file a Notice of Motion within 14 days of today and shall serve the same within 21 days of filing upon the Respondents and all such persons as may be affected by it.

The Motion, if filed, shall be mentioned on 7/6/2011 at 9. 00am.

DATEDat KERICHO this 16th Day of FEBRUARY, 2011

G B M KARIUKI, SC

RESIDENCE JUDGE

COUNSEL APPEARING

Mr. E.M. Orina, Advocate, for the Applicant

Mr. R. Koech, Court clerk