JOSEPH GATHERU GATUNE V. REPUBLIC OF KENYA & 5 OTHERS

JUDGMENT OF THE COURT

The appellant, JOSEPH GATHERU GATUNE filed this appeal against the judgment of Olao, J. dated 28^th 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 1^st, 2^nd, 3^rd 4^th, 5^th and 6^th respondents respectively.

A brief background to this appeal is that the appellant (the then applicant) filed an application dated 28^th June, 2017 on 30^th 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 28^th July, 2017 dismissed it thus…