Republic v Marakwet District Land Disputes Trbunal, Marakwet District Commissioner, Marakwet District Lands Settlement Officer & Minister of Lands & Settlement Ex-parte James Cheruiyot Cheptoo, Wiiliam Kiptarus Cheboi, Paulo Komen Cheserek & Elisha Kimaiyo Cherop & Kibiwott Chemwei, Joseph Kibiwot Chemwei, Jacob Kibiwot, Smith Kaino & Chepkiyeng Chelanga [2010] KEHC 2383 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET Miscellaneous Civil Application 71 of 2006

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

=VERSUS=

1. THEMARAKWETDISTRICTLAND

DISPUTES TRIBUNAL

2. MARAKWET DISTRICT COMMISSIONER

3. MARAKWET DISTRICT LANDS SETTLEMENT

OFFICER

4. THE MINISTER OF LANDS & SETTLEMENT……....RESPONDENTS

AND

1. KIBIWOTT CHEMWEI

2. JOSEPH KIBIWOT CHEMWEI

3. JACOB KIBIWOT

4. SMITH KAINO AND

5. CHEPKIYENG CHELANGA………………………INTERESTED PARTIES

AND

1. JAMES CHERUIYOT CHEPTOO

2. WILLIAM KIPTARUS CHEBOI

3. PAULO KOMEN CHESEREK

4. ELISHA KIMAIYO CHEROP……………………EX-PARTE APPLICANTS

RULING

I.Background.

1. A dispute between two clans as to the boundary has been going

on for several years. In this Current judicial review proceedings,

a land disputes tribunalwas held.It in fact was not complete

in its findings. There has been nodecision adopted by the

Magistrate’s Court.

2. The exparte applicant applies for thesaid lands disputes

tribunal stoppedfrom making orders on grounds that the said

tribunal members were sitting without basis as none were

gazetted under the gazette notice provided. Its civil L.N.288/04

of 14. 4.2004 by A. KimunyaMinister of Lands as he then was.

II.In reply:

3. The Advocate for the respondent, Attorney General left it to

Court.The advocate for the interested party claim that there was nothing to quash as no decision had been taken.

III.Opinion

4. Judicial review proceedings are brought into Court against

orders making decisions that are detrimental to the exparte

appeallant. In this particular case no decision has been made to quash the said findings of the elders (which findings is denied).

5. The application for judicial review proceedings are hereby dismissed

with costs to the respondent and interested party.

Dated at Eldoret this 21st day of April, 2010

………………………………………………

M.A. ANG’AWA,

JUDGE.