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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND…

…INTERESTED PARTY/RESPONDENT AND RONGO LAND DISPUTES TRIBUNAL……1ST RESPONDENT THE RESIDENT MAGISTRATE’S COURT, RONGO …….………………………………. 2ND RESPONDENT RULING The ex-parte applicant prayed for an order of Certiorari to remove…

…It is this latter decision that the respondent, Sule, asked Tanui, J. to bring before his court by way of certiorari and have the same quashed.…

…The learned Judge issued an order of certiorari and the second decision was quashed. It is against that order that the applicant wishes to appeal and as I have said, the applicant has always wanted to appeal.…

…About the same time that the respondent filed HCCC Number 45 of 2006, she also filed High court Miscellaneous Civil Application Number 261 of 2006 and obtained leave on 21st March 2006 to apply or judicial review order of certiorari…

…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…

…Onyango learned Chief Litigation Counsel excludedany complaint against the order as to certiorari and statedthat the intended appeal is only against the order of Mandamusbut that order only directed LSK to be allowed to functionwithin…

…The applicant then seeks orders for certiorari to quash the decisions to prosecute him and to stop any criminal proceedings initiated in this case in criminal case No 2155 of 2003 against him.…