JOHN GICHOBI NDEGWA V. REPUBLIC & 3 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Khaminwa, J.) delivered on 25^th June, 2007 apparently granting an order of certiorari quashing the decision of Land Disputes Tribunal, Central Division Kirinyaga (tribunal) dated 26^th January, 2005.

The case before the tribunal (No. 22 of 2005) was filed by John Gichohi Ndegwa (the appellant herein) against Grace Gachui Kathei (the respondent) herein. The appellant claimed a portion of land title No. Inoi/Kamondi/615, which Luka Kathei his grandfather, had allegedly promised to give him before he died. The respondent is the fourth wife of the deceased. The elders found that land title Inoi/Kamondo/615 was sub-divided into three portions; numbers 1011, 1012, 1013 and that sub-division of No. 1011 was further sub-divided and sub-division No. 1628 comprising of 0.765 Hectares registered in the name of the respondent. The Tribunal ultimately awarded the appellant one acre from land title No. Inoi/Kamondo/1628 and 3…