HENRY NJAGI MURUARIUA
V.
A.O. OKELLO, DISTRICT COMMISSIONER MBEERE DISTRICT & ANOR

JUDGMENT OF THE COURT

1. On 17^th April 2008, the appellant filed a Notice of Motion dated 11^th April, 2008 seeking an order of certiorari under the provisions of Order LIII Rule 3 (1) of the Civil Procedure Rules and Sections 8 and 9 of the Law Reform Act, Cap 26, Laws of Kenya. The face of the application contained the following phrase: TAKE NOTICE that pursuant to leave granted by this Honourable Court on 14^th April 2008, this Court shall be moved on the 7^th day of July, 2009 at 8.00 o’clock in the forenoon or so soon thereafter by counsel for Henry Njagi Muruariua for orders that this Honourable Court be pleased to issue an order of certiorari to remove into the High Court for purposes of its being quashed the order of Mr. A.O. Okello, Mbeere District Commissioner in Land Adjudication Appeal Case No. 228 of 2000 dated 22^nd September, 2006.

2. When the aforementioned Notice of Motion dated 11^th April, 2008 came up for hearing before the High Court (Karanja, J. as she then was), the le…