Martin Munene Wangara v Chairman Mwea Land Disputes Tribunal & 2 others [2013] KEHC 1533 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

JUDICIAL REVIEW   NO. 39 OF 2013

MARTIN MUNENE WANGARA ............................................................................ APPLICANT

VERSUS

THE CHAIRMAN MWEA LAND DISPUTES TRIBUNAL & 2 OTHERS ........ DEFENDANTS

RULING

This is in respect to the applicant’s  application  dated 4th September 2013 seeking the following substantive prayers:-

Spent

That the orders of 23rd  February 2007 to the effect that “leave was to operate as a stay of the award and the status quo regarding parcel No. MWEA/TEBERE/B/61  be maintained”   be lifted and vacated

This Court do order the Land Registrar Kirinyaga to lift all encumbrances over land parcel No. MWEA/TEBERE/B/61

Costs be provided for.

The application was based on the grounds, inter alia, that the order for leave to operate as a stay and status quo over the land Mwea/Tebere/B/61  had been granted in a Judicial Review application  formerly Nairobi High Court Misc Application No. 132 of 2007  which was later to become Embu High Court Misc Application  No. 61 of 2010 which was withdrawn by consent and the parties proceeded in Kerugoya E.L.C Case No. 278 of 2013  in which judgment  was entered  in favour of the defendants (applicant herein)   and that judgment  cannot be implemented in view of the orders regarding status quo. The application was supported by the affidavit of Martin Munene  Wangara and was not opposed.

I have considered the application  and also looked at the record herein.  It is clear that on 23rd February 2007 when Justice Wendoh granted leave in this Judicial Review application,  she also directed that the leave do operate as a stay of the award and status quo regarding land No. MWEA/TEBERE/B/61. That Judicial Review application  was withdrawn by the consent of the parties who elected to pursue their claims in Kerugoya ELC No. 278  of 2013 in which judgment  was delivered  on 26th August 2013 in favour of the defendants  one of who is the applicant  herein. The Court has not been informed if there has been any appeal preferred against  that judgment  and this application  is un-opposed. Clearly, the judgment of this Court in KERUGOYA ELC No. 278 of 2013 cannot be enforced while the stay orders remain in place.  It is also important that all encumbrances over the said land parcel No. MWEA/TEBERE/B/61  are lifted in order to facilitate  the orders given in KERUGOYA ELC No. 278 of 2013.

I therefore find that the application dated 4th September 2013 is merited  and I grant it with no order as to costs.

B.N. OLAO

JUDGE

28TH  OCTOBER, 2013

28/10/2013

Coram

B.N. Olao – Judge

CC – Muriithi

Ms Thungu for Appellant present

No appearance for Respondent

COURT:     Ruling delivered this 28th day of October 2013 in open Court

Ms Thungu for applicant present

B.N. OLAO

JUDGE

28TH  OCTOBER, 2013