Republic v The District Commissioner (As Chairman Meru Central Land Dispute Tribunal) & another; Marete (Interested Party); Mugwika (Exparte) (Judicial Review 163 of 2006) [2022] KEELC 2643 (KLR) (6 July 2022) (Ruling)

Facts

The Republic applied for judicial review against the District Commissioner and another, alleging that the interested party had refused or neglected to sign documents for land transfer and reinstatement. The decree was dated 2018 and the application was filed in 2006.

Issues

1. Whether the interested party has refused or neglected to sign documents for land transfer and reinstatement.
2. Whether the decree was executed within one year as required by Civil Procedure Rules.
3. Whether the status of the land has changed after the judgment was issued in contravention of the decree.

Reasoning

The court found no merits in the application as there is no evidence of execution of the decree within one year, no official search showing the status of the land has changed, and no indication of attempts to execute the decree contrary to stay orders.

Outcome

Dismissed with costs