[2017] KEELC 1700 (KLR)
The court declined to issue committal orders for contempt at this stage, emphasizing the necessity for the presiding judge to form an independent impression based on the available evidence. Furthermore, since all suit properties are located within Kajiado County and there is now an Environment and Land Court in...
Source-derived case information.
- Citation
- [2017] KEELC 1700 (KLR)
- Parties
- Plaintiff: Dominic Chege Kamondo; Plaintiff: Teresia Naimuthie Mperere; Plaintiff: Paul Mwangangi Ithuli; Plaintiff: Lenny L. Sintankoi; Plaintiff: Rose Sereya Naumu; Defendant: County Government of Kajiado
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1189 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Motion for Committal and Transfer of Suit
- Outcome
- Suit transferred to the Environment and Land Court at Kajiado; no committal orders issued at this stage.
- Judges
- MM Gitumbi
- Legal Topics
- Transfer of Suit, Contempt of Court, Jurisdiction, Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Chege Kamondo
Plaintiff
Teresia Naimuthie Mperere
Plaintiff
Paul Mwangangi Ithuli
Plaintiff
Lenny L. Sintankoi
Plaintiff
Rose Sereya Naumu
Plaintiff
County Government of Kajiado
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Motion for Committal and Transfer of Suit
Legal Issues
- 1 Whether the officials of the County Government of Kajiado should be committed to civil jail for alleged disobedience of court orders.
- 2 Whether the suit should be transferred to the Environment and Land Court at Kajiado.
Ratio Decidendi
The court declined to issue committal orders for contempt at this stage, emphasizing the necessity for the presiding judge to form an independent impression based on the available evidence. Furthermore, since all suit properties are located within Kajiado County and there is now an Environment and Land Court in Kajiado, the court found it appropriate to transfer the suit to that court for hearing and disposal. The transfer ensures that the matter is heard by a court with proper territorial and subject matter jurisdiction, promoting judicial efficiency and convenience for the parties.
Court Disposition
Suit transferred to the Environment and Land Court at Kajiado; no committal orders issued at this stage.
Orders
- The suit is transferred to the Environment and Land Court at Kajiado for hearing and disposal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 1189 OF 2016
DOMINIC CHEGE KAMONDO…………....…1ST PLAINTIFF/ APPLICANT
TERESIA NAIMUTHIE MPERERE……..….....2ND PLAINTIFF/APPLICANT
PAUL MWANGANGI ITHULI………….......….3RD PLAINTIFF/APPLICANT
LENNY L. SINTANKOI……………….........…..4TH PLAINTIFF/APPLICANT
ROSE SEREYA NAUMU………………......…..5TH PLAINTIFF/APPLICANT
VERSUS
COUNTY GOVERNMENT OF KAJIADO …....DEFENDANT/RESPONDENT
RULING
I have considered the Plaintiffs/ Applicants Notice of Motion dated 8th November 2016 seeking committal to civil jail of named officials of the County Government of Kajiado for alleged disobedience of this court’s orders issued on 29th September 2016.
It is noteworthy that the court order which was allegedly disobeyed was issued by Lady Justice Gacheru. The said Judge now sits in the Thika Environment and Land Court. This court finds it necessary to form its own impression of the circumstances of this case based on the available evidence before issuing any further orders herein.
It is further noteworthy that the suit properties in this suit are all located within Kajiado County. As there is now an Environment and Land Court in Kajiado, this suit is hereby transferred to that court for hearing and disposal.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 29TH DAY OF SEPTEMBER 2017.
MARY M. GITUMBI
JUDGE