Republic v County Criminal Investigations Officer West Pokot & Directorate of Criminal Investigations West Pokot County; Patrick Pkiach & 6 others(As the Former Representatives of Orwa Group Ranch)(Interested Parties); Ex Parte Simon Ngolekong Merii & 9 others(As the Current Representatives of Orwa Group Ranch) [2020] KEELC 172 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

ELC JR. NO. 2 0F 2020

REPUBLIC...................................................................................................................APPLICANT

VERSUS

COUNTY CRIMINAL INVESTIGATIONS

OFFICER WEST POKOT...............................................................................1ST RESPONDENT

DIRECTORATE OF CRIMINAL INVESTIGATIONS

WEST POKOT COUNTY...............................................................................2ND RESPONDENT

AND

PATRICK PKIACH & 6 OTHERS (AS THE

FORMER REPRESENTATIVES OF ORWA GROUP RANCH).......INTERESTED PARTIES

EX PARTE: SIMON NGOLEKONG MERII AND 9 OTHERS

(AS THE CURRENT REPRESENTATIVES OF ORWA GROUP RANCH)

RULING

1. The Ex-parte Applicants filed Chamber Summons dated 17/11/2020 under Order 53 Rules 1 and 2of theCivil Procedure Rules and Sections 8 and 8 of the Law Reform Act, Cap 26 of the Laws of Kenya, seeking the following orders:-

1. …spent

2. That the curt be pleased to grant leave to the ex parte applicants to apply for an order of certiorari to remove into this court and quash the decision of the County Criminal Investigations Officer West Pokot, embodied in a letter dated 3/9/2020, to the effect that no election of the ex parte applicants as the current representative of Orwa Group Ranch ever took place, that the issuance of the certificate of incorporation pursuant to the election of the ex parte applicants was a fraud, and that there be a stop to any process that may have been initiated by the ex parte applicants using the 3rd certificate of incorporation.

3. That the grant of leave do operate as stay of the decisions of the County Criminal Investigations Officer West Pokot embodied in the letter dated 3/9/2020.

4. That costs be in the cause.

2. This court, having perused the chamber summons application granted leave to file and serve the substantive judicial review notice of motion within 21 days, but reserved the ruling on whether leave should operate as stay till it heard the parties on 23/11/2020.  On 23/11/2020 this court ordered the trial of prayer No. 3 above to be by way of written submissions.

3. The applicant filed written submissions on 26th November 2020. The respondents filed their submissions on 24/11/2020.

4. I have perused the filed submissions and in this court’s view, the letter dated 3/9/2020 makes a recommendation to the West Pokot County Land Adjudication and Settlement Officer who is not a party herein yet he is the person to implement any such recommendation if he found it fit so to do. Secondly, the process of investigation has been concluded and the “interim” findings, whatever meaning may be assigned to that term, have been communicated to the Lands office.

5. For the foregoing reasons I find that there is no good ground upon which to order that the leave do operate as stay as prayed. Prayer No. 3 of the application dated 17/11/2020 is hereby dismissed. The costs of the application shall be in the cause.

Dated, signedanddeliveredatKitale via electronic mail on this 26th day of November, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.