Republic v Githurai Land Disputes Tribunal,Chief Magistrate Thika,Eunice Wambui Kangethe & Rebecca Waringa Njoroge Ex-parte Githunguri Constituency Ranching Co Ltd [2014] KEHC 7370 (KLR)

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

JUDICIAL REVIEW DIVISION

MISC. CIVL APPL. NO. 344 OF 2012

BETWEEN

REPUBLIC ............………………………………..………………APPLICANT

AND

GITHURAI LAND DISPUTES TRIBUNAL…..……….…...1ST RESPONDENT

CHIEF MAGISTRATE THIKA …………….…………..… 2ND RESPONDENT

AND

EUNICE WAMBUI KANGETHE …………..………1ST INTERESTED PARTY

REBECCA WARINGA NJOROGE ………......…. 2ND INTERESTED PARTY

EX-PARTE

GITHUNGURI CONSTITUENCY RANCHING CO. LTD

RULING

The Notice of Motion dated 17th September 2012 seeks an order of prohibition to prohibit the respondents from executing the decree obtained in the Thika D.O Case No. 14 of 2011 and from continuing to  hear or deal in any way with land parcel No. LR RUIRU KIU BLOCK 2(GITHUNGURI)/3874. The said decree arises from a decision of the Githurai land disputes Tribunal proceedings in Githurai Land Case No. RUR/LDT/17/2010 which has not been challenged at all. The decision of the court in issuing a decree is merely ministerial for the purpose of enforcement. In the absence of a plea to quash the underlying decision, the order of prohibition cannot lie as there is nothing wrong the subordinate court has done.  In the circumstances, the Notice of Motion dated 17th September 2012 is incompetent. It is struck out with costs to the interested parties.

DATED and DELIVERED at NAIROBI this 22nd day of January 2014

D.S. MAJANJA

JUDGE