Case ID:168420

Republic v County Criminal Investigations

Officer West Pokot & another; Patrick Pkiach & 6 others(As the Former Representatives of Orwa Group Ranch) (Interested Parties); Ex Parte Simon Ngolekong Merii & 9 others(As the Current Representatives of Orwa Group Ranch)[2020] eKLR

Case Metadata

Case Number:

Environment and Land Judicial Review 2 of 2020

Parties:

Republic v County Criminal Investigations Officer West Pokot & Directorate of Criminal Investigations West Pokot County; Patrick Pkiach & 6 others(As the Former Representatives of Orwa Group Ranch)(Interested Parties); Ex Parte Simon Ngolekong Merii & 9 others(As the Current Representatives of Orwa Group Ranch)

Date Delivered:

26 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Republic v County Criminal Investigations

Officer West Pokot & another; Patrick Pkiach & 6 others(As the Former Representatives of Orwa Group Ranch) (Interested Parties); Ex Parte Simon Ngolekong Merii & 9 others(As the Current Representatives of Orwa Group Ranch)[2020] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application dismissed

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 KITALE

ELC JR. NO. 2 0F 2020

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

VERSUS

COUNTY CRIMINAL INVESTIGATIONS

OFFICER WEST POKOT...............................................................................1

ST

RESPONDENT

DIRECTORATE OF CRIMINAL INVESTIGATIONS

WEST POKOT COUNTY...............................................................................2

ND

RESPONDENT

AND

PATRICK PKIACH & 6 OTHERS

(AS THE

FORMER REPRESENTATIVES OF ORWA GROUP RANCH)

.......INTERESTED PARTIES

EX PARTE: SIMON NGOLEKONG MERII AND 9 OTHERS

(AS THE CURRENT REPRESENTATIVES OF ORWA GROUP RANCH)

RULING

1. The

Ex-parte

Applicants filed Chamber Summons dated

17/11/2020

under

Order 53 Rules 1 and 2

of the

Civil Procedure Rules and Sections 8 and 8 of the Law Reform Act, Cap 26 of the Laws of Kenya,

seeking the following orders:-

1. …spent

2. That the curt be pleased to grant leave to the ex parte applicants to apply for an order of certiorari to remove into this court and quash the decision of the County Criminal Investigations Officer West Pokot, embodied in a letter dated 3/9/2020, to the effect that no election of the ex parte applicants as the current representative of Orwa Group Ranch ever took place, that the issuance of the certificate of incorporation pursuant to the election of the ex parte applicants was a fraud, and that there be a stop to any process that may have been initiated by the ex parte applicants using the 3

rd

certificate of incorporation.

3. That the grant of leave do operate as stay of the decisions of the County Criminal Investigations Officer West Pokot embodied in the letter dated 3/9/2020.

4. That costs be in the cause.

2. This court, having perused the chamber summons application granted leave to file and serve the substantive judicial review notice of motion within

21 days

, but reserved the ruling on whether leave should operate as stay till it heard the parties on

23/11/2020

. On

23/11/2020

this court ordered the trial of prayer

No. 3

above to be by way of written submissions.

3. The applicant filed written submissions on

26

th

November 2020

. The respondents filed their submissions on

24/11/2020.

4. I have perused the filed submissions and in this court’s view, the letter dated

3/9/2020

makes a recommendation to the West Pokot County Land Adjudication and Settlement Officer who is not a party herein yet he is the person to implement any such recommendation if he found it fit so to do. Secondly, the process of investigation has been concluded and the

“interim”

findings, whatever meaning may be assigned to that term, have been communicated to the Lands office.

5. For the foregoing reasons I find that there is no good ground upon which to order that the leave do operate as stay as prayed.

Prayer No. 3

of the application dated

17/11/2020

is hereby dismissed. The costs of the application shall be in the cause.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

26

th

day

of

November, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.