REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
JUDICIAL REVIEW NO. 17 OF 2011
SAWE ARAP MITEI ……………………..............…………………… APPLICANT
SIONGIROI LAND DISPUTES TRIBUNAL…...........…….....1ST RESPONDENT
PRINCIPAL MAGISTRATE, BOMET ……….............………..2ND RESPONDENT
SOPHIA CHEPKIRUI MITEI ………………................…….INTERESTED PARTY
The Applicant, Sawe Arap Mitei, seeks in his ex parte Chamber Summons application leave to apply for an order of Certiorari to remove into this court for quashing the award dated 15th December, 2010 made by Siongiroi Land Disputes Tribunal and the judgment dated 2nd March, 2011 made by the Bomet Principal Magistrate in Land Case No. 2 of 2011.
Mr. W. R. Kiprono, learned counsel for the Applicant, urged the Court to grant the leave sought on the ground that the Siongiroi Land Disputes Tribunal acted beyond its power under Section 3 of the Land Disputes Tribunals Act No. 18 of 1980 and that the Bomet Principal Magistrate adopted as a judgment of the court an invalid award.
I have duly perused the verifying affidavit and the Statement of Facts filed contemporaneously with the application. I am satisfied that the Applicant has established sufficient grounds for the grant of the leave sought.
Accordingly, I allow pursuant to Rule 1 (1) of Order 53 of the Civil Procedure Rules (2010) the application and grant leave to the Applicant to apply for an order of certiorari to remove into this court for quashing the decisions referred to in paragraph 1 of the Chamber Summons application dated 6th April, 2011.
I order pursuant to Rule 1(4) of Order 53 of the Civil Procedure Rules that the leave herein granted shall operate as a stay of the award of Siongiroi Land Disputes Tribunal and the judgment of Bomet Principal Magistrate court in Land Case No. 2 of 2011 and proceedings related thereto until the Motion to be filed as hereunder directed is heard and determined or until further orders of this court. However, if Motion is not filed as directed, the stay herein ordered shall lapse after the expiry of the period within which the Motion is directed to be filed.
I direct that the Applicant shall within twenty one (21) days from the date hereof filed a Notice of Motion as required by Rule 3(1) of Order 53 of the Civil Procedure Rules and shall serve the said Motion on the Respondent and all such persons who may be affected by it within fourteen (14) days of filing.
The Notice of Motion shall be mentioned on 7th July, 2011 at 9.00a.m. Seven days prior to the mention on 7th July, 2011, the Applicant shall file an affidavit pursuant to Rule 3(3) of Order 53 of the Civil Procedure Rules.
The costs of this application shall be costs in the Notice of Motion to be filed as herein above.
DATED at KERICHO this 13th day of April, 2011
G.B.M. KARIUKI, SC
Mr. W.R. Kiprono Advocate for the Applicant
Mr. Koech - Court Clerk