MALCOLM BELL V. DANIEL TOROITICH ARAP MOI & BOARD OF GOVERNORS MOI HIGH SCHOOL KABARAK

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Rawal, DCJ; Tunoi, Ibrahim, Ojwang, Ndungu, SCJJ)

APPLICATION NO. 1 OF 2013

IN THE MATTER OF THE COURT OF APPEAL CIVIL APPLICATION NOs. 12 and 13 of 2012 (CONSOLIDATED)

-BETWEEN-

MALCOLM BELL ......................................................................APPLICANT

-AND-

HON. DANIEL TOROITICH ARAP MOI..........................1^ST RESPONDENT

THE BOARD OF GOVERNORS MOI

HIGH SCHOOL KABARAK ............................................2^ND RESPONDENT

(An application to review the decision by the Court of Appeal given at Nairobi (Maraga, Musinga and Sichale, JJA) dated 22^nd February 2013 granting certificate of leave to file appeal to the Supreme Court in Civil Application No.s Nai 12 and 13 of 2012 (Consolidated))

RULING

BACKGROUND

[1] The applicant is the registered owner of property LR. No. 6207/2, located in the Kabarak area of Nakuru, adjacent to Moi High School Kabarak. The property was transferred to him pursuant to the will …