PHILOMENA CHEPKEMOI SERON v CHAIRMAN SOTIK LAND DISPUTES TRIBUNAL, PRINCIPAL MAGISTRATE, SOTIK & LUCIA CHELANGAT TANGUT [2011] KEHC 4217 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

MISCELLANEOUS APPLICATION NO. 11 OF 2009(JR)

PHILOMENA CHEPKEMOI SERON alias JUSTINA RONO...........................................................APPLICANT

AND

THE CHAIRMAN SOTIK  LAND DISPUTES TRIBUNAL.......................................................1ST RESPONDENT

THE PRINCIPAL MAGISTRATE, SOTIK...............................................................................2ND RESPONDENT

LUCIA CHELANGAT TANGUT................................................................................................3RD RESPONDENT

RULING

In her ex-parte application dated 17/9/2009, the Applicant, Philomena Chepkemoi Seron alias Justina Rono seeks under Order 53 of the Civil Procedure Rulesleave to apply for an order of certiorari to remove into this Court for the purpose of quashing the judgment and decree issued on 12th March 2009, by the Principal Magistrate at Sotik in case No. 4 of 2008 and the award of the Sotik Land Disputes Tribunal on the basis which the judgment/decree was issued.

I have perused the Statement of facts and the verifying affidavit filed by the Applicant and have duly considered the same as well as the submissions made by Mr. J. K. Koske, the Learned Counsel for the Applicant. I am satisfied that the Applicant has established sufficient ground for the grant of leave. Accordingly, I allow the application and grant leave to the Applicant to apply to this Court for an order of certiorari to remove into this Court the judgment/decree and the award of the elders as prayed for in the application.

I order that the leave hereby granted shall operate as a stay of the award and the judgment of the Sotik Principal Magistrate Court until the Notice of Motion is heard and determined or until further orders of this Court.

I direct that the Applicant shall pursuant to Rule 3 of Order 53 of the Civil Procedure Rules 2010 file in this Court within 21 days a Notice of Motion. I further direct that the Notice of Motion shall be served within 21 days of filing upon the Respondents and all such persons as may be affected by it.

This cause shall be mentioned on 14/3/2011.

DATEDat KERICHO this 20th  Day of JANUARY, 2011

G B M KARIUKI, SC

RESIDENCE JUDGE

COUNSEL APPEARING

Mr. J. K. Koske, Advocate, for the Applicant

Mr. N. Bett, Court clerk