[2022] KEELC 2532 (KLR)
The court found that the Respondents were properly served with the relevant court orders and the application for contempt, as evidenced by the affidavit of service and supporting documents. The Respondents failed to appear or oppose the application. The court was satisfied that the Applicants had demonstrated that...
Source-derived case information.
- Citation
- [2022] KEELC 2532 (KLR)
- Parties
- Applicant: Board of Management St. Catherine Primary and Technical/Vocational Institution for Mentally Handicapped; Applicant: Registered Trustees Diocese of Bungoma-Butula Catholic Church; Respondent: Kenya Highway Authority (Kenha); Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 2 of 2020
- Procedural Posture
- Judicial Review / Ruling on Contempt Application
- Outcome
- Application for contempt allowed; notice to show cause to issue; costs awarded to Applicants.
- Judges
- AA Omollo
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Board of Management St. Catherine Primary and Technical/Vocational Institution for Mentally Handicapped
Applicant
Registered Trustees Diocese of Bungoma-Butula Catholic Church
Applicant
Kenya Highway Authority (Kenha)
Respondent
National Land Commission
Respondent
Procedural Posture
Judicial Review / Ruling on Contempt Application
Legal Issues
- 1 Whether the Respondents were duly served with the court orders and application for contempt.
- 2 Whether the Respondents are in contempt of the decree of the court issued on 16/12/2021.
- 3 Whether the Applicants are entitled to the orders sought in the application.
Ratio Decidendi
The court found that the Respondents were properly served with the relevant court orders and the application for contempt, as evidenced by the affidavit of service and supporting documents. The Respondents failed to appear or oppose the application. The court was satisfied that the Applicants had demonstrated that the Respondents were jointly and severally in contempt of the decree issued on 16/12/2021. Consequently, the court granted the prayers sought in the application, including the issuance of a notice to show cause to the Respondents' officers as to why they should not be committed to civil jail for six months, and awarded costs to the Applicants.
Court Disposition
Application for contempt allowed; notice to show cause to issue; costs awarded to Applicants.
Orders
- Prayer (2) and (4) of the motion granted.
- Respondents' officers to be served with notice to show cause why they should not be committed to civil jail for 6 months.
Full Case Text
Judgment text and source record
26 paragraphs
Board of Management St. Catherine Primary and Technical/Vocational Institution for Mentally Handicapped & another v Kenya Highway Authority (Kenha) & another (Judicial Review 2 of 2020) [2022] KEELC 2532 (KLR) (7 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2532 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Judicial Review 2 of 2020
AA Omollo, J
July 7, 2022
Between
Board of Management St. Catherine Primary and Technical/Vocational Institution for Mentally Handicapped
1st Applicant
Registered Trustees Diocese of Bungoma-Butula Catholic Church
2nd Applicant
and
Kenya Highway Authority (Kenha)
1st Respondent
National Land Commission
2nd Respondent
Ruling
1. The application dated 14/6/2022 coming up for hearing today the 6th of July 2022. There is no appearance for the Respondents in the application.
2. The affidavit of service on record deposed by Joseph Orata Okweyu states that the Respondents were served on 16th and 17th of June 2022. Annexed to the affidavit of service is a copy of certificate of urgency and notice of motion application bearing received stamps by each of the Respondents.
3. I have also considered the grounds upon which the application is premised and is persuaded the reasons are well grounded on facts thus merited.
4. The application is unopposed and the grounds upon which it is premised are meritable.
5. Consequently, I find that the Applicant has demonstrated that the two Respondents are jointly and severally in contempt of the decree of this Court issued on 16/12/2021. Accordingly prayer (2) and (4) of the motion is granted.
6. I direct that the Respondents officers named in the application be served with notice to show cause to this Court on why they cannot be committed to civil jail for a period of 6 months. On this date if no cause is shown, they will be sentenced accordingly.
7. The costs of the application is also awarded to the Applicants.
DATED, SIGNED & DELIVERED AT BUSIA THIS 7THDAY OF JULY, 2022. A. OMOLLOJUDGE