REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS

MISC. CIVIL APPLICATION NO. 9 OF 2010

IN THE MATTER OF AN APPLICATION FOR LEAVE TO COMMENCE

PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW

AND
IN THE MATTER OF APPLICATION FOR JUDICIAL REVIEW UNDER SECTIONS 8
AND 9 OF THE LAW REFORM ACT, CAP. 26 OF THE LAWS OF KENYA

AND
ORDER 53 OF THE CIVIL PROCEDURE RULES

AND
IN THE MATTER OF ARTICLES 10, 23, 40, 47, 50 & 159 OF THE CONSTITUTION OF
KENYA, 2010

AND
IN THE MATTER OF LAND REGISTRATION ACT, ACT NO. 3 OF 2012

AND
IN THE MATTER OF THE LAND ACT, ACT. NO. 6 OF 2012

AND
IN THE MATTER OF THE REPORT BY THE TASK FORCE ON LEMBO CO-
OPERATIVE SOCIETY LIMITED

AND
IN THE MATTER OF L.R. NO. ATHIRIVER/ATHIRIVER BLOCK 1/1100

BETWEEN

REPUBLIC ………………………………………………..……..….……APPLICANT

-VERSUS-

THE TASK FORCE ON LEMBO CO-OPERATIVE SOCIETY………….1ST RESPONDENT

LEMBO CO-OPERATIVE SOCIETY……………………………………....2ND RESPONDENT
COUNTY GOVERNMENT OF MACHAKOS……...………..….…...3RD RESPONDENT
LEAH MAKAU………………………………………….………………4TH RESPONDENT
EX-PARTE……………………………………………………………….DAILRY FARMING

NOTICE OF MOTION
 (Under Sections 8 and 9 of the Law Reform Act (Cap. 26 of the Laws of Kenya) and
Order 53, Rules 3(1) and (4) of the Civil Procedure Rules)

TAKE NOTICE that pursuant leave granted by this Honourable Court on 5.12.2010,
this Court shall be moved on the day of 2010 at 9.00
O’clock in the forenoon or soon thereafter as Counsel for the Applicant may be heard
for Orders that:

1. An order of CERTIORARI to issue to bring into this Honourable Court for

quashing the findings, ruling, recommendations and Report of the TASK FORCE
ON LEMBO CO-OPERATIVE SOCIETY LIMITED made on 22.8.2010 relating to
the Applicant’s Title Deed over property L.R. No. Athi River/Athi River Block
1/1100.

2. An order of PROHIBITION to issue against the Respondents prohibiting them

from implementing or enforcing the offensive recommendations and ruling
contained in the Report by the TASK FORCE ON LEMBO CO-OPERATIVE
SOCIETY LIMITED made on 22.8.2010 relating to the Applicant’s Title Deed over
property L.R. No. Athi River/Athi River Block 1/1100.

3. Costs be provided for.

WHICH APPLICATION is based upon the grounds set out in the Statutory Statement
and supported by the Verifying Affidavit of MICHAEL MBITHI and upon such other
and further grounds as may be adduced at the hearing hereof.

DATED at NAIROBI this day of 2010

OJ & COMPANY
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:-
Oj & Co. Advocates,
1st Floor, Africa House
Dagoretti Road, Karen,
P. O. Box 10551-00100, NAIROBI.

TO BE SERVED UPON

1. Lembo Co-Operative Society,

P.O. Box 10-0100,
MACHAKOS.
.
2. Secretary,
County Government of Machakos,
MACHAKOS.

3. Leah Makau,
MACHAKOS.(Service to be effected through offices of the Applicant’s Advoca