JAMES KARIKO BACHA & 2 OTHERS V. LAND DISPUTES TRIBUNAL KIAMBU WEST & ANOTHER

JUDGMENT OF THE COURT

On 22^nd October, 2008, the appellants, James Kariko Bacha, Harry Bacha Njuguna and Mathew Njoroge Bacha and two others, namely Walter Kabetu Bacha and Harry Bacha Njuguna who are not parties to this appeal moved the High Court at Nairobi by an Ex-parte Chamber Summons application under section 8 and 9 of the Law Reform Act and Order LIII Rules 1 and 2 of the Civil Procedure rules seeking leave to commence judicial review proceedings for orders of certiorari and prohibition. The order for certiorari was to remove into the High Court and quash the decision of the Land Disputes Tribunal, Kiambu West “the 1^st respondent” made on 23^rd May, 2008 allocating one acre to be hived off from LR NO. Kabete/Kibichiku/49, hereinafter “the suit land” to one Hotensiah Millicent Kibiru, deceased hereinafter “Hotensiah” and prohibition was to prohibit the respondents from enforcing the aforesaid decision of the tribunal. The appellants also prayed that the leave so granted do operat…