[2020] KEELC 1177 (KLR)
The court found that the applicant failed to comply with its directions to file written submissions as ordered on 4/6/2020. In the absence of submissions and any other manner of disposal provided by the court, the application could not be considered on its merits. Consequently, the application dated 3/6/2020 was...
Source-derived case information.
- Citation
- [2020] KEELC 1177 (KLR)
- Parties
- Applicant: David Kibiwott Achikwa; Respondent: Agricultural Development Corporation; Respondent: Hon. Attorney General; Respondent: Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- ? 7 of 2019
- Procedural Posture
- Contempt Application / Ruling on Notice of Motion for Contempt
- Outcome
- application dismissed for want of prosecution
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Land Access Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kibiwott Achikwa
Applicant
Agricultural Development Corporation
Respondent
Hon. Attorney General
Respondent
Chief Land Registrar
Respondent
Procedural Posture
Contempt Application / Ruling on Notice of Motion for Contempt
Legal Issues
- 1 Whether Dr. Maurice Cherogony is in contempt of court for disobeying the consent order adopted as judgment on 20/11/2019.
- 2 Whether the application for contempt should be allowed in the absence of submissions by the applicant.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file written submissions as ordered on 4/6/2020. In the absence of submissions and any other manner of disposal provided by the court, the application could not be considered on its merits. Consequently, the application dated 3/6/2020 was dismissed for want of prosecution, regardless of the substantive allegations of contempt. The court emphasized the necessity for parties to adhere to procedural requirements and court orders for the effective administration of justice.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 3/6/2020 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT
AT KITALE
ELC PETITION NO. 7 OF 2019
DAVID KIBIWOTT ACHIKWA.................................................PETITIONER
VERSUS
AGRICULTURAL DEVELOPMENT CORPORATION...1ST RESPONDENT
HON. ATTORNEY GENERAL.........................................2ND RESPONDENT
CHIEF LAND REGISTRAR.............................................3RD RESPONDENT
RULING
1. This ruling is with regard to an application by way of Notice of Motion dated 3/6/2020 brought under Section 29of the Environment and Land Court Act, 2011, Sections 2and5of theJudicature Act Cap 8, Part 81of theEnglish Civil Procedure Rules, 1998and the inherent powers of the Court. I will set out the main prayers that the interested parties seek verbatim herein below:
(1) …spent
(2) That Dr. Maurice Cherogony be found to be in contempt of court for disobeying the consent that was adopted as judgment and orders of the court by this court on 20/11/2019.
(3) That upon being found to be contempt of court, Dr. Maurice Cherogony be detained at Kitale GK Prison for a period of two (2) years and be ordered to pay a fine of Kshs.20,000,000/= as provided for by Section 29 of the Environment and Land Court Act, 2011.
(4) That a declaration be and is hereby issued that by disobeying the orders of 20/11/2019, Dr. Maurice Cherogony has violated Article 10 of the Constitution is unfit to hold public office.
(5) That costs of this application be provided for.
2. The application is premised on the grounds set out in the notice of motion and is supported by a sworn affidavit of the petitioner dated 3/6/2020.
3. The tenor of the motion is that the 1st respondent’s Regional Manager, one Dr. Maurice Cherogony has despite having knowledge of the consent order of 20/11/2019 which Clause 3 prohibited the respondents from interfering with the petitioner’s right to access, use and otherwise deal with the suit property known as Land Reference No. 7033/1, I.R. No. 207248, has let the 1st respondent through its agents trespass and violate the terms of the consent order and blatantly failed to comply with the said orders. The petitioner thus urge the court to allow the motion which seeks the committal of the 1st Respondent for proceeding with the willful destruction of trees in the property even after being advised and cautioned against taking such contemptuous actions which have demeaned the authority and dignity of the court.
4. I have perused the court record and I do not seem to find any response filed by the respondents.
5. As per the directions of this court of 4/6/2020, the application before court was to be disposed of by way of written submissions. Neither of the parties filed submissions.
6. For the reason that the applicants have failed to comply with the lawful orders of this court that they file submissions, and there being no other manner of disposal of the application provided for by this court, the application dated 3/6/2020 is hereby dismissed for want of prosecution.
Dated, signedanddeliveredatKitale via electronic mail on this 22ndday of September, 2020.
MWANGI NJOROGE
JUDGE, ELC, KITALE.