[2018] KEELC 1907 (KLR)
The court determined that the application for contempt proceedings should be heard before the application to set aside judgment, primarily because it was filed first and because it is improper for an alleged contemnor to seek the court's favour while allegedly in breach of its orders. The court further ordered that...
Source-derived case information.
- Citation
- [2018] KEELC 1907 (KLR)
- Parties
- Plaintiff: Charles Iguna Nduyo; Plaintiff: Kithetu Mugambi; Plaintiff: Agnes Karia Makanya; Defendant: Gituri Primary School (sued through chairman, secretary & treasurer of school management committee); Applicant: The Board of Management M.C.K. Gituri Primary School (through the chairperson and secretary)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 60 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Applications (contempt and Setting Aside Judgment)
- Outcome
- Application for contempt proceedings to be heard first; alleged contemnors ordered to attend court personally.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Setting Aside Judgment, School Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Iguna Nduyo
Plaintiff
Kithetu Mugambi
Plaintiff
Agnes Karia Makanya
Plaintiff
Gituri Primary School (sued through chairman, secretary & treasurer of school management committee)
Defendant
The Board of Management M.C.K. Gituri Primary School (through the chairperson and secretary)
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Applications (contempt and Setting Aside Judgment)
Legal Issues
- 1 Whether the application for contempt proceedings should be heard before the application to set aside judgment.
- 2 Whether the alleged contemnors should be compelled to attend court personally during the contempt proceedings.
Ratio Decidendi
The court determined that the application for contempt proceedings should be heard before the application to set aside judgment, primarily because it was filed first and because it is improper for an alleged contemnor to seek the court's favour while allegedly in breach of its orders. The court further ordered that the alleged contemnors must attend court personally for the contempt proceedings, ensuring accountability and compliance with the court's process. The court exercised its discretion to manage the sequence of applications in the interest of justice and procedural orderliness.
Court Disposition
Application for contempt proceedings to be heard first; alleged contemnors ordered to attend court personally.
Orders
- By consent, the application for contempt proceedings will be heard on 30th October, 2018.
- The alleged contemnors are ordered to personally attend court on 30th October, 2018 and on all other dates concerning the application.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 60 OF 2017
FORMERLY MERU ELC CASE NO.139 OF 2016
CHARLES IGUNA NDUYO ................................................................ 1ST PLAINTIFF
KITHETU MUGAMBI ....................................................................... 2ND PLAINTIFF
AGNES KARIA MAKANYA .............................................................. 3RD PLAINTIFF
VERSUS
GITURI PRIMARY SCHOOL
(sued thro’ chairman, secretary &
treasurer of school management committee) ......................................... DEFENDANT
THE BOARD OF MANAGEMENT M.C.K.
GITURI PRIMARY SCHOOL (thro’ the
chairperson and secretary) ............................ INTERESTED PARTY/APPLICANT
RULING
1. There are 2 applications in this file. The 1st one is dated 12th July, 2018 and is a contempt application to punish the defendants for disobedience of court orders. The 2nd one is dated 9th August, 2018 and seeks setting aside of this court’s judgment delivered on 28th day of March, 2018.
2. Mr. Murango Mwenda for the plaintiffs asked the court to hear the application for contempt proceedings first for 2 reasons: (a) The application was filed first and (b) An alleged contemnor should not seek favours or orders from the court whose orders he or she is disobeying.
3. Mr. Linus Ndungu, holding brief for Mr. Kimathi for the defendants / alleged contemnors told the court that Mr. Kimathi had not received any responses concerning the application dated 9th August, 2018 which seeks to have the judgment of this court delivered on 28th March, 2018 set aside. For that reason he told the court that he was not ready to proceed. He, however, asked the court to grant prayers 4 and 5 in the application.
4. Having considered all apposite circumstances, I find it necessary to have the application for contempt proceedings heard first.
5. It is ordered as follows:
a) By consent, the application for contempt proceedings will be heard on 30th October, 2018.
b) The alleged contemnors, have all been informed by the court, to personally be in court on 30th October, 2018 and on all other days when matters concerning this application will be coming up in court.
c) It is so ordered.
Delivered in open Court at Chuka this 24th day of September, 2018 in the presence of:
CA: Ndegwa
Murango Mwenda for the plaintiffs
Linus Ndungu h/b Kimathi for the defendants
P.M. NJOROGE
JUDGE