JUSTUS KINIU MUINDI, MWENDWA MUINDI, JANET MARTHA SAVA, GRACE TEMEA KALUYU & JEDIDAH NDUNGI NGOMA V. SENIOR RESIDENT MAGISTRATE - KITUI, KITUI DISTRICT LAND DISPUTES TRIBUNAL & SAMMY MWOVA MUINDI

JUDGMENT OF THE COURT

The Appellants Justus Kiniu Muindi (Justus); Richard Mwendwa Muindi(Richard); John Kalya Muindi (John); Janet Martha Sava(Janet); Grace Temea Kaluyu (Grace) and Jedidah Ndungi Ng oma (Jedidah) sought leave of court to apply for an order of certiorari to remove to the High court and quash the 2^nd respondent’s award, and an order of prohibition against the same court, prohibiting it from enforcing and executing the said order against the appellants or in any other way proceeding further with land case number 1 of 2007.

Leave was granted on the 18^th day of April, 2007 by Emukule J (as he was then). The Notice of Motion was dated, the 7^th day of May, 2007 and filed on the 8^th May 2007. The motion was based on the grounds in its body, a statement of facts; a verifying affidavit together with annextures thereto. It was opposed by a replying affidavit of the 3^rd respondent deposed on the 23^rd day of May, 2007 and filed on the 24^th May, 2007 and a supporting affidavit of P…