|Miscellaneous Civil Application 33 of 2008
|REPUBLIC v KAPLAMAI LAND DISPUTES TRIBUNAL COMPRISING OF:- BEN SIMIYU, ZIPPORAH NYONGESA, ZABLON ATSWENJE & CHIEF MAGISTRARTE, KITALE
|25 Mar 2011
|High Court at Kitale
|Martha Karambu Koome
|REPUBLIC v KAPLAMAI LAND DISPUTES TRIBUNAL COMPRISING OF:- BEN SIMIYU, ZIPPORAH NYONGESA, ZABLON ATSWENJE & another  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
MISC. CIVIL APPLICATION NO. 33 OF 2008.
R U L I N G.
2. These grounds giving rise to the relief sought by the exparte applicants are expounded in the statement in support of the application as well as the supporting affidavit sworn by Wilson Barngetuny on 19th May, 2008. According to the applicant, he obtained leave of this court on 29th April, 2008 to institute the judicial review proceedings. He annexed a copy of the award by Kaplamai Land Disputes Tribunal which was adopted and made the decree of the court.
4. In considering the remedies sought, I have perused the award by the tribunal that was adopted and made the decree of the court on 25th June, 2007. I agree with counsel for the interested party that there is no decision capable of being implemented arising from the award made by the tribunal. The tribunal held that the issue of contract did not fall within their mandate. They also opined that if the objector had sold a portion of land belonging to the estate of a deceased person, that sale would be null and void. Accordingly, there is no decision capable of being quashed. There is no material before the court to show that the tribunal exercised its powers in bad faith or outside the Land Disputes Tribunal Acts. I see no reason to quash a decision by a Tribunal that has made no orders except to direct the claimant to pursue their remedies before the appropriate forums.