Timothy Mugo Karani & Kithaka Ekuthi v Kithaka Ikuthi, Minister of Land, Land Registrar Mbeere District & John Karani Kiberenge [2014] KEHC 7071 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

JR. MISC. CIVIL APPLICATION  NO. 1  OF 2014

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION AND CERTIORARI

AND

IN THE MATTER OF AN APPEAL TO THE MINISTER LAND APPEAL CASE NUMBER 120 OF 1991

AND

IN THE MATTER OF COMMITTEE CASE NUMBER 32/74-75

JOHN KARANI KBERENGE (DECEASED) REPRESENTED BY TIMOTHY MUGO KARANI

AGAINST

KITHAKA IKUTHI

AND

IN THE MATTER OF MUTITU LAND ADJUDICATION SECTION

JOHN KARANI KIBERENGE (REPRESENTED BY

TIMOTHY MUGO KARANI ..............................................................APPLICANT

VERSUS

KITHAKA IKUTHI .........................................................................RESPONDENT

KITHAKA EKUTHI ........................................................................... APPLICANT

VERSUS

MINISTER FOR LANDS ........ ...................................................... RESPONDENT

AND

THE LAND REGISTRAR MBEERE DISTRICT ........................ 1ST INTEREESTED PARTIES

JOHN KARANI KIBERENGE .................................... 2ND INTERESTED PARTY

RULING

The applicant herein has moved this Court by his Chamber Summons filed on 14th January 2014 under Certificate of urgency seeking leave to apply for an order of certiorari to quash the decision  of the respondent in Appeal No. 120 of 1991 dated 31st July 2013 which deprived him of his property without a reasonable cause.   He further seeks leave to apply for an order of prohibition prohibiting the Land Registrar Mbeere from registering the disputed portion of land and that such leave do operate as a stay of the intended action by the Land Registrar Mbeere.

The application is supported by the ex-parte applicant’s verifying affidavit and other annextures in which he has deponed, inter alia, that the respondent in his ruling did not give any reasons or grounds of deviating from the ruling of the Committee Case No. 32/74-75  made on 19th December 1980.

I have considered the application, the submissions by Mr. Kamunda advocate, the verifying affidavit of the applicant together with the annextures thereto and the Statutory statement.

I am satisfied from the material placed before me that the ex-parte applicant has established sufficient reason to warrant the granting of the orders sought in the said Chamber Summons.   I grant the leave sought and further direct that the said leave shall operate as a stay of the decision of the said Land Registrar Mbeere District from registering the disputed portions of land to the 2nd interested parties pending the hearing and determination of the substantive Notice of Motion which shall be filed within twenty one (21) days of the delivery of this ruling.   I further direct that the said Notice of Motion be served on all persons affected by it within 14 days of the filing of the Notice of Motion.

Costs in the cause.

B.N. OLAO

JUDGE

31ST JANUARY, 2014

31/01/2014

Coram

B.N. Olao – Judge

CC – Mwangi

Mr. Ngari for Mr. Kamunda for Applicant - present

Respondent - absent (Ex-parte)

COURT:     Ruling delivered this 31st January 2014 in open Court

Mr. Ngari for Mr. Kamunda for applicant present.

B.N. OLAO

JUDGE

31ST  JANUARY,  2014