REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

Miscellaneous Application 1 of 2011

IN THE MATTER OF AN APPLICTAION BY GILBERT OTOLO OCHICNEG AND JOHN HUMPHREYS OUMA FOR JUDICIAL REVIEW IN THE NATURE OF ORDERS OF CERTIORARI AND PHOHIBITION

AND

IN THE MATETR OF LAND PARCEL NO. SIAYA / GOT AGULU / 378

REPUBLIC ………………………………………………………..APPLICANT

THE SENIOR RESIDENT MAGISTRTE BONDO……...…1^ST RESPONDENT

LAND DISPUTE TRIBUNAL…………………..…………2^ND RESPONDENT

MARGARET APIYO OMBERA…………..…………….INTERESTED PARTY

GILBERT OTOLO OCHIENG………………..……….EX-PARTE APPLICANT

JOHN HUMPHREYS OUMA………………………….EXPARTE APPLICANT

The application dated 29^th June 2011 seeks the following orders:-

(a)  An order of certiorari removing into this Honourable court the orders issued by the 2^nd respondent NO. BON/114/2010 Bondo Land Dispute Tribunal and adopted by the 1^st respondent in Bondo SRMCC Mis Application number 24 of 2010 in respect of land parcel number SIAYA / GOT AGULU/378 for the purpose of the same being quashed.

(b)  An order of prohibition directed at the 1^st and 2^nd respondent restraining them by themselves, agents, servants or otherwise howsoever from entering fresh or further proceedings in respect of land parcel number SIAYA / GOT AGULU / 378.

(c)  Costs

The said application was not opposed. I have also perused the affidavit of service by one Kennedy O. Owiti dated 18^th July 2011 and I am satisfied with the service.

The applicant now owns the land with one John Humphrey Ouma.   He was never made a party. Further the tribunal lacked jurisdiction to entertain this claim as it involved land with a title.   The tribunal mandate is well clear and doesn’t included land with title as in the present case.

Dated, signed and delivered at Kisumu this 11^th day of November 2011.