[2017] KEELC 1750 (KLR)
The court declined to dismiss the application for contempt for non-prosecution, emphasizing the importance of allowing parties an opportunity to be heard in the interest of justice. The judge ordered that the application be served upon the respondents within seven days and set the matter for inter partes hearing....
Source-derived case information.
- Citation
- [2017] KEELC 1750 (KLR)
- Parties
- Plaintiff: Bernard Njeru Kabunga; Plaintiff: Zakayo Kithuka Kathiga; Defendant: Justus Kirugi Inchunga; Defendant: Jacob Nthiga Ruaria; Defendant: Judith Kairo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 187 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Contempt Application
- Outcome
- Application for contempt not dismissed; directions given for service and inter partes hearing.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Injunctive Orders, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Njeru Kabunga
Plaintiff
Zakayo Kithuka Kathiga
Plaintiff
Justus Kirugi Inchunga
Defendant
Jacob Nthiga Ruaria
Defendant
Judith Kairo
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Contempt Application
Legal Issues
- 1 Whether the 2nd and 3rd defendants are in contempt of court orders dated 15th March, 2016.
- 2 Whether the application should be dismissed for non-prosecution or allowed to proceed in the interest of justice.
Ratio Decidendi
The court declined to dismiss the application for contempt for non-prosecution, emphasizing the importance of allowing parties an opportunity to be heard in the interest of justice. The judge ordered that the application be served upon the respondents within seven days and set the matter for inter partes hearing. The court underscored that obedience to court orders is fundamental, but procedural fairness requires that the respondents be given a chance to respond before any punitive orders are made.
Court Disposition
Application for contempt not dismissed; directions given for service and inter partes hearing.
Orders
- Applicants to serve the application upon the respondents within the next 7 days.
- The application is to be heard inter partes on 2nd October, 2017.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 187 OF 2017
FORMERLY MERU ELC CASE NO. 265 OF 2013
BERNARD NJERU KABUNGA……………...1ST PLAINTIFF
ZAKAYO KITHUKA KATHIGA………………...2ND PLAINTIFF
VERSUS
JUSTUS KIRUGI INCHUNGA….……..…1ST DEFENDANT
JACOB NTHIGA RUARIA…………………2ND DEFENDANT
JUDITH KAIRO…………………………….3RD DEFENDANT
RULING
1. This application is dated 15. 9.2017 and seeks orders:
1. That this honourable court be pleased to have this matter heard expeditiously due to its nature.
2. That the honourable court be pleased to commit the 2nd and 3rd defendants/respondents their agents or assignees to civil jail for contempt of court orders dated 15th March, 2016 duly served upon the respondents.
3. That the court do order that the 2nd and 3rd respondents do purge the contempt by ceasing all activities on the subject herein.
4. That costs of this application be provided /borne by the respondents.
2. The application is supported by the affidavit of the 2nd defendant and has the following grounds.
a) That the orders issued on 15th February 2016 were/are injunctive in nature.
b) That orders were duly served upon the respondents by a duly authorized court process server.
c) That despite the order the respondents have with impunity refused to obey the said orders.
d) The court must stamp its authority as court orders are not issued in vain.
3. The applicant is not in court for the exparte hearing of the application. Whereas I am inclined to dismiss the application for non-prosecution, in the interest of justice, I will allow the applicants a chance to prosecute their application.
4. It is ordered as follows:
1. The applicants to serve the application upon the respondents within the next 7 days.
2. The application is to be heard interpartes on 2nd October, 2017
Delivered in open court at Chuka this 20th day of September, 2017
in the presence of:
CA: Ndegwa
Plaintiffs – absent
Defendants – absent
P.M. NJOROGE
JUDGE