REPUBLIC V. ATTORNEY GENERAL,DISTRICT COMMISSIONER, KITUI DISTRICT,PERMANENT SECRETARY MINISTRY OF LANDS AND HOUSING & KITHUVA KILIKU & BROTHERS EX PARTE MAITHYA MUVIWA & MALOMBE MUVIWA

JUDGMENT OF THE COURT

This is an appeal by MAITHYA MUVIWA and MALOMBE MUVIWA (the appellant) against the Judgment and Decree of the High Court (Wendoh, J) delivered on the 9th June, 2006 in which the learned judge dismissed the appellant’s judicial review application. Aggrieved by the judgment, the appellant lodged a notice of appeal on the 22nd June, 2006 and followed it up by filing the appeal now before us on the 3rd November, 2006.

Briefly the background of this appeal is that on 14th January, 2005 the appellant filed an ex-parte chamber summons seeking leave to apply for an order of certiorari to remove to the High Court and quash the entire proceedings and record relating to an appeal to the Minister Kauwi adjudication section Appeal Case. No. 217 of 1987. The appellant also sought leave to apply for mandamus directed against the 3rd respondent to remove the restriction registered as entry No. 2 against land parcel known as Mutonguni/Kauwi/2150. The appellant was granted leave to …