Case ID:167591

Republic v Deputy County Commissioner - Igembe Central Sub-County &2 others; Ex-parte Bonface Kangentu Kaberia; Joyce Karimi & another (Interested Parties) [2020] eKLR

Case Metadata

Case Number:

Judicial Review E004 of 2020

Parties:

Republic v Deputy County Commissioner - Igembe Central Sub-County, Land Adjudication & Settlement Officer Igembe Central Sub-County & Attorney General; Ex-Parte Bonface Kangentu Kaberia; Joyce Karimi & Peter Murithi Munoru (Interested Parties)

Date Delivered:

08 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Republic v Deputy County Commissioner - Igembe Central Sub-County &2 others; Ex-parte Bonface Kangentu Kaberia; Joyce Karimi & another (Interested Parties) [2020] eKLR

Advocates:

Kaumbi for the Applicant.

Court Division:

Judicial Review

County:

Meru

Advocates:

Kaumbi for the Applicant.

History Advocates:

One party or some parties represented

Case Outcome:

Prayers granted

Disclaimer:

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

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

JUDICIAL REVIEW NO. E004 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR AN ORDER OF CERTIORARI TO QUASH THE DECISION OF THE DEPUTY COUNTY COMMISSIONER - IGEMBE CENTRAL SUB-COUNTY DATED 15TH OCTOBER 2020, AND AN ORDER OF MANDAMUS COMPELLING HIM TO REHEAR THE MINISTER’S APPEAL NO. 361/2015.

AND

IN THE MATTER OF LAND PARCEL NO. ATHIRU/NDOLELI/4019

AND

IN THE MATTER OF LAND ADJUDICATION ACT CAP 284 LAWS OF KENYA

AND

IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP. 26 (L.O.K)

REPUBLIC....................................................................APPLICANT

VERSUS

DEPUTY COUNTY COMMISSIONER - IGEMBE

CENTRAL SUB-COUNTY...............................1

ST

RESPONDENT

LAND ADJUDICATION & SETTLEMENT OFFICER IGEMBE

CENTRAL SUB-COUNTY...............................2

ND

RESPONDENT

HON. ATTORNEY GENERAL.......................3

RD

RESPONDENT

AND

JOYCE KARIMI........................

..........1

ST

INTERESTED PARTY

PETER MURITHI MUNORU...........2

ND

INTERESTED PARTY

EX-PARTE BONFACE KANGENTU KABERIA

RULING

1. This application is in the following format:

EX-PARTE CHAMBER SUMMONS

(Under Order 53 Rule 1 (1&2) of the Civil Procedure Rules - 2010)

LET ALL PARTIES

concerned attend the Honorable Judge in chambers on the day of 2020, at 9.00 O’clock in the forenoon, or soon thereafter so as counsel for the Ex-parte

Applicant shall be heard on an application for orders:

1.

THAT

the application be certified as urgent and heard forthwith.

2. THAT

the ex-parte applicant be granted leave to apply for an order of Certiorari to bring to this Honorable Court for purposes of quashing the ruling and/or award delivered on 15

th

October 2020 by the 1

st

respondent herein.

3. THAT

the ex-parte applicant be granted leave to apply for an order of Prohibition prohibiting the 2

nd

respondent from executing or implementing the ruling and/or award of the 1

st

respondent delivered on 15

th

October 2020.

4. THAT

the ex-parte applicant be granted leave to apply for an order of Mandamus compelling the 1

st

respondent to rehear the ministers appeal no. 361 of 2015 and allow the ex-parte applicant to participate in the said proceedings.

5.

THAT

the leave so granted do operate as a stay of execution or implementation of the ruling and/or award of the 1

st

respondent delivered on 15

th

October 2020.

6.

THAT

this Honorable Court be pleased to order the 1

st

respondent to avail to this court a duly signed ruling dated 15/10/2020 or make such further or other order as it may deem fit and just to grant.

7.

THAT

the costs of this application be provided for.

WHICH APPLICATION

is supported by the annexed Statement of Facts and the affidavit of

BONFACE KANGENTU KABERIA

verifying the facts relied on

interalia:

1. THAT

the ex-parte applicant is a purchaser in possession of L.R. No. Athiru/Ndoleli/4019 having taken possession and exclusive occupation since the year 2010.

2. THAT

the ex-parte applicant had purchased the said land from the 2

nd

interested party for valuable consideration in the year 2010, and he has extensively developed the same over the last decade.

3. THAT

the 1

st

interested party had lodged an objection against the 2

nd

interested party at the adjudication level claiming ownership of the said land, however the same was dismissed. She however filed the minister’s appeal no. 361/2015 before the 1

st

respondent which appeal was heard and determined in the absence of the ex-parte applicant herein.

4. THAT

since the ruling and/or award of the 1

st

respondent directly affect the rights and interest of the ex-parte applicant in L.R. No. Athiru/Ndoleli/4019, it was incumbent upon the 1

st

respondent to ensure that the ex-parte applicant fully participated in the minister’s appeal proceedings.

5. THAT

the exclusion of the ex-parte applicant from the minister’s appeal case no. 361/2015 amount to being condemned unheard and is in breach of the provisions of Article 50 of the Constitution.

DATED

at

MERU

this day of 2020.

……………………………………………..

For: KAUMBI & Co.

ADVOCATES FOR THE Ex-PARTE APPLICANT

2. When the application came up for exparte hearing advocate Kaumbi, the applicant’s advocate, asked the court to grant prayers 2,3,4 and 5 as there was fear that the impugned decision would be implemented before the intended proceedings were heard and determined.

3. Having perused the apposite proceedings the following orders are issued:

a. The application is NOT certified urgent.

b. Prayers 2,3,4 and 5 are granted.

c. Costs shall be in the cause.

Delivered in open Court at Chuka this 8

th

day of December, 2020 in the presence of;

CA: Ndegwa

Kaumbi for the Applicant.

P. M. NJOROGE,

JUDGE.