REPUBLIC v KIOGORO DIVISIONAL LAND DISPUTES TRIBUNAL Ex-parte JOEL OTOIGO NYASING’A [2010] KEHC 3975 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

OF KISII

Miscellaneous Civil Application 77 of 2009

REPUBLIC………………………………………………………………………APPLICANT

-VERSUS-

KIOGORO DIVISIONAL LAND DISPUTES TRIBUNAL…………RESPONDENT

AND

ANNAH KWAMBOKA NYASING’A………………………INTERESTED PARTY

AND

JOEL OTOIGO NYASING’A…………………………………………………EX-PARTE

RULING

It is clear that under section 9(3) of the Law Reform Act(Cap.26)in the case of an application for an Order of Certiorari leave shall not be granted unless the application for leave is made within six months from the date of the decision that is sought to be quashed. (SeeAko.V.Special District Commissioner Kisumuand Another [1989] KLR 163).The decision of the Kiogoro Divisional Land Disputes Tribunal that offended the applicant was made on 5/5/2006, and the application for leave filed on 8/7/2009. That was well outside the mandatory statutory period.

I agree with Mr. Mbicha for the respondent that the application is incompetent. The same is struck out with costs.

Dated, signed and delivered at Kisii this 20th day of January, 2010.

A.O.MUCHELULE

JUDGE

20/1/2010

Before A.O.Muchelule-J

Court clerk-Bibu

Mr. Ombui for Mr. Miyienda for Applicant

Court: Ruling in open Court

A.O.MUCHELULE

JUDGE

20/1/2010