JULIUS A. CHERUIYOT & JOEL KIPYEGON MUTAI v CHAIRMAN LONDIANI LAND DISPUTES TRIBUNAL, CHIEF MAGISTRATE, KERICHO, REGINA CHEPKORIR MARUSOI & HENRY KIPKORIR RESIOLO [2011] KEHC 4211 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

MISCELLANEOUS APPLICATION NO. 43 OF 2010 (JR)

JUDICIAL REVIEW FOR ORDERS OF CERTIORARI

BETWEEN

JULIUS A. CHERUIYOT..................................................................................................1ST APPLICANT

JOEL KIPYEGON MUTAI...............................................................................................2ND APPLICANT

VS.

THE CHAIRMAN LONDIANI LAND DISPUTESTRIBUNAL....................................1ST RESPONDENT

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

REGINA CHEPKORIR MARUSOI..............................................................................3RD RESPONDENT

HENRY KIPKORIR RESIOLO.....................................................................................4TH RESPONDENT

RULING

The Applicants, Julius A. Cheruiyot and Joel Kipyegon Mutai, seek in their application dated 15/12/2010 leave of this Court under Order 53 Rule 1 of the Civil Procedure Rules to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment dated 2/9/2010 made by the 2nd Respondent, in the Chief Magistrate Court at Kericho in Miscellaneous application No.76 of 2010.

I have perused the application and the filed Statement of facts and the verifying affidavit. I have also duly considered the submissions of Mr. J. Motanya, the Learned Counsel for the applicants.

I am satisfied that the applicants have established sufficient grounds to warrant the grant of leave. Accordingly, I allow the application and hereby grant the applicants leave to apply for the order of certiorari as prayed.

I direct that within 21 days from the date hereof, the Applicants shall file a Notice of Motion pursuant to Rule 3 of Order 53 and shall serve it within 21 days of filing on the Respondents and all such persons as may be affected by it.

I order that the leave herein granted shall operate as a stay of the proceedings in Misc. application no.76 of 2010 in the Chief Magistrates Court at Kericho and of the award of the elders dated 2/9/2010 until the Notice of Motion is heard and determined or until further orders.

This cause shall be mentioned on 11/3/2011.

The costs of the application shall be in the cause.

DATEDat KERICHO this 20th  Day of JANUARY, 2011

G B M KARIUKI, SC

RESIDENCE JUDGE

COUNSEL APPEARING

Mr. J. M. Motanya, Advocate, for the Applicant

Mr. N. Bett, Court clerk