ZAKAYO MICHUBU KIBUANGE V. LYDIA KAGUNA JAPHETH, CHAIRPERSON BUSINESS PREMISES RENT RRIBUNAL & RESIDENT MAGISTRATE MOMBASA

JUDGMENT OF THE COURT

Lydia Kaguna Japheth “the 1^st respondent” on 8^th May, 2009 sought and obtained from the High Court, Mombasa, leave to commence judicial review proceedings in the nature of certiorari to bring forth “and quash the decision of the Business Premises Rent Tribunal in Tribunal Case No. 17 of 2009.” She also sought a further “order of certiorari to remove and quash the order of the Resident Magistrate, Mombasa in RMCC Misc. Appl. No. 40 of 2009 on 1st April, 2009.” As can readily be seen, the orders were directed at the Chair, Business Premises Rent Tribunal and the Resident Magistrate Mombasa “the 2^nd and 3^rd respondents respectively” in this appeal. In those proceedings, Zakayo Michubu Kibuange “the appellant” herein was named as the interested party.

Leave having been so granted, the 1^st respondent proceeded as required to mount the substantive Notice of Motion on 27^th May, 2009. The basis for the 1^st respondent's claim as deciphered from the documents filed in suppor…