Josphat Mbaabu Anampiu, Stephen Ntongai Anampiu, Joel Mutiga Anampiu & Ezekiel Mutembei v Ndegwa Kamuuruin The Land Adjudication Officer Tigania East (Akaiga Adjudication Section) & Attorney General [2016] KEHC 755 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

JUDICIAL REVIEW APPLICATION NO. 27 OF 2016

IN THE MATTER OF THE LAND CONSOLIDATION ACT CAP 283, LAND ADJUDICATION  ACT CAP 284 LAWS OF KENYA, LAND REGISTRATION ACT CAP 3 AND LAND ACT CAP 6 LAWS OF KENYA

AND

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW FOR CERTIONARI, MANDAMUS AND PROHIBITION

JOSPHAT MBAABU ANAMPIU.................................................1ST APPLICANT

STEPHEN NTONGAI ANAMPIU.................................................2ND APPLICANT

JOEL MUTIGA ANAMPIU …......................................................3RD APPLICANT

EZEKIEL  MUTEMBEI …............................................................4TH APPLICANT

VERSUS

NDEGWA KAMUURU ….....................................................INTERESTED PARTY

IN THE LAND ADJUDICATION OFFICER TIGANIA

EAST (AKAIGA  ADJUDICATION SECTION).....................1ST RESPONDENT

THE HONOURABLE ATTORNEY GENERAL......................2ND RESPONDENT

R U L I N G

1. This  application is dated 23/09/2016.  It seeks orders:-

1. That matter be certified as urgent.

2. That notice to the Registrar be dispensed with in the 1st instance.

3. The Court be pleased to grant leave to apply for Judicial Review for orders of Certiorari to remove into this Court the proceedings and decision of the objection No. 835 Akaiga Adjudication Section dated 5/8/2016.

4. That the applicant  be granted leave to apply Judicial Review seeking Orders of prohibition to the effect that the 1st respondent be debarred from implementing his decision made on 5/8/2016 in regard to objection No. 835 Akaiga Adjudication Section and orders of mandamus compelling the 1st respondent to return the suit land to its original location, reverse any registration and return the original land to applicants.

5. That grant of leave  to operate as a stay of the proceedings, decision and implementation of the decision of 1st respondent in objection No. 835 Akaiga Adjudication Section dated 5/8/2016 .

6. Costs of application.

2. It is supported by a statement of facts and by an affidavit Verifying facts sworn by the 1st applicant which states as follows: -

1. That I am the applicant herein hence competent to swear this affidavit.

2. That I am registered owner of parcel No. 2626 Akaiga Adjudication Section measuring about 2. 20 acres.

3. That my father JUSTUS KANAMPIU M'UMBUTHU now deceased owns parcel No.  480 subject of this case.

4. That the summons and objection was in respect of parel No. 480. Annexed are copies of the objection proceedings and decision and consent to file suit thereof marked JMA 1 and 2.

5. That gathering in this area was done in 1968 and the respondent for over 45 years has never lodged any objections or claim over the land

6. That recently and without any justifiable cause the respondent filed objection No. 835 against  a deceased person my father.

7. That the objection was not about Number 2676, 2677, 2678 and 2679 in which the DLASO subtracted  or reduced 35 points from each portion.

8. That the registered owners of the above parcels 2676 -2679 were not parties of the said objection, nor called as witnesses nor informed of such case.

9. That the decision  by DLASO was above his jurisdiction as he had no powers to interfere with my parcel of land since there was no filed objection against my land 2676.

10. The DLASO was extremely malicious as the case was heard within one day and decision made within 3 days.

11. The respondent did not give resown why from 1968 to date he never sued my father only to do so after his demise.

12. That I need the DLASO to be ordered to return my land and his decision should not be implemented.

13. That if implemented then he should be compelled to return the land to me.

14. That no succession cause or citation was ever filed in respect of my deceased father hence filing an objection against him is highly against the law, illegal and irregular.

15. That the entire objection case is however unjustified and should be declared null and void and should be quashed.

16. That the acts of DLASO has caused me and others to suffer  irreparable loss by losing land that we shall not be able to recover   back.

17. That all what is deponed to herein above is true to the best of my knowledge, information and belief.

3. I have perused the pleadings and heard Mrs Kaume , the Advocate representing the Applicants.

4. Prayers 3,4,and 5 are granted.

5. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 3RD DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-

C.A Daniel/James

Mrs. Kaume for the Applicants.

P. M. NJOROGE

JUDGE