[2016] KEHC 4866 (KLR)
The court found that the consent order entered into by the parties and adopted as an order of the court on 27/02/2013 was binding and enforceable. The court noted that the relevant government officers had indicated their readiness to implement the order, and there was no opposition from any party. Accordingly, the...
Source-derived case information.
- Citation
- [2016] KEHC 4866 (KLR)
- Parties
- Applicant: Alice M. Nyaga; Respondent: County Government of Tharaka Nithi; Respondent: Phineas Njage Ndubi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 11 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Implementation of Consent Order
- Outcome
- application for implementation of consent order granted
- Judges
- FM Njoroge
- Legal Topics
- Access to Land, Consent Orders, Execution of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice M. Nyaga
Applicant
County Government of Tharaka Nithi
Respondent
Phineas Njage Ndubi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Implementation of Consent Order
Legal Issues
- 1 Whether the consent order regarding the creation of a road of access should be implemented as agreed by the parties.
- 2 Whether the relevant government officers should be mandated to execute the necessary documents and actions for the creation of the road of access.
- 3 Whether security should be provided during the implementation of the court orders.
Ratio Decidendi
The court found that the consent order entered into by the parties and adopted as an order of the court on 27/02/2013 was binding and enforceable. The court noted that the relevant government officers had indicated their readiness to implement the order, and there was no opposition from any party. Accordingly, the court directed that the consent order be implemented forthwith, mandated the concerned officers to carry out the creation of the road of access, and ordered the provision of security during implementation. The court further directed that a report on the implementation be filed and that parties or their advocates could witness the process. The court's decision was grounded in the...
Court Disposition
application for implementation of consent order granted
Orders
- The consent adopted as an order of the court is to be implemented forthwith.
- The concerned government officers are to implement the orders on 27/04/2016 and file a report by 03/05/2016.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO.11 OF 2011
ALICE M. NYAGA..........................................................................APPLICANT
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI....................1ST RESPONDENT
PHINEAS NJAGE NDUBI.......................................................2ND RESPONDENT
R U L I N G
On 27/02/2013, the parties in this suit proffered a consent which was adopted as an order of this Court. The Consent was in the following terms:-
The warrant of arrest issued against the first Respondent be and is hereby stayed until further order.
The period of 30 days granted to the 1st respondent to excise road of access from land MWIMBI/CHOGORIA/905 (now 3502, 3503, 3504 and 3505) be extended further by 30 days from the date herein.
The Executive Officer of this Honourable Court be and is hereby authorized to execute all requisite documents for the creation of a road of access from land parcel MWIMBI/CHOGORIA/905 (now 3502, 3503, 3504 and 3505).
The District Surveyor Physical Planning officer and Land Registrar Meru South District be and are hereby empowered and mandated to create a road of access from the Land Parcel MWIMBI/CHOGORIA/905(now 3502,3503,3504 and 3505)
A certificate of Urgency dated 06/04/2016 seeking the implementation of the order was heard on 19/04/2016. .
The concerned Government Officers indicated their readiness to implement the apposite Court Order. The following orders are issued:-
The Consent adopted as an order of this Court be implemented forthwith.
As undertaken, the concerned Officers will implement the orders contained in the apposite Consent on 27/4/2016
The Officers, as they have indicated, to implement the concerned orders on 27/04/2016 and the Officers to make a report which will be delivered to Court by Mr. Kiongo on 03/05/2016.
Concerned parties or their Advocates may witness the implementation of the Court Orders, if they so wish, but nevertheless implementation must take place on 27/04/2016.
The OCS Chogoria Police Station is ordered to provide security during the implementation of the apposite Court orders.
Directions on 03/05/2016.
DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF APRIL, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
M/S Kiome for the Plaintiff/Applicant
Kiongo for the alleged Contemnors
Edwin Kimathi h/b Gatari Ringera for 1st Respondent
Otieno C. for 2nd Respondent
P.M. NJOROGE
JUDGE