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Joseph Gatheru Gatune v. Republic of Kenya & 5 others

(2018) JELR 100725 (CA)

Court of Appeal  •  Civil Appeal 126 of 2017  •  21 Feb 2018  •  Kenya

Daniel Kiio Musinga, Sankale ole Kantai, Fatuma sichale



The appellant, JOSEPH GATHERU GATUNE filed this appeal against the judgment of Olao, J. dated 28th July, 2017. The REPUBLIC OF KENYA, MWEA IRRIGATION SCHEME, SENIOR MAGISTRATE (SIC) WANGURU COURT, DAVID NDERITU, MICHAEL MURERIA and DANSON MACHARIA were named as the 1st, 2nd, 3rd 4th, 5th and 6th respondents respectively.

A brief background to this appeal is that the appellant (the then applicant) filed an application dated 28th June, 2017 on 30th June, 2017. In the application the appellant sought the following orders:

“1. That leave to file and apply for an order of certiorari be granted to the applicant to quash the decision and order of proceedings of the tribunal relating to the matter of rice holding No. 185 TEBERE UNIT being the Estate of LUKA GATUNE NDEGWA (deceased) as confirmed as a judgment of the court vide WANGURU CASE NO. 19 OF 1994.

2. That costs of this application be in the cause”.

Olao, J. heard the application and on 28th July, 2017 dismissed it thus…

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