[2020] KEHC 3854 (KLR)
The court found that while an eviction order was issued and served, there was confusion regarding which police station had jurisdiction to enforce it. The delay in execution was not deemed intentional contempt but rather a result of this confusion. To resolve the issue, the court ordered that the eviction order be...
Source-derived case information.
- Citation
- [2020] KEHC 3854 (KLR)
- Parties
- Applicant: Enock Isiaho Mmbatha; Respondent: Stephen Mulinya Anene; Respondent: Gladys Shikuzi; Respondent: Officer Commanding Shisasari Police Station (OCS)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 124 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt and Enforcement of Eviction Order
- Outcome
- Application partially allowed.
- Judges
- NA Matheka
- Legal Topics
- Eviction Orders, Contempt of Court, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Isiaho Mmbatha
Applicant
Stephen Mulinya Anene
Respondent
Gladys Shikuzi
Respondent
Officer Commanding Shisasari Police Station (OCS)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt and Enforcement of Eviction Order
Legal Issues
- 1 Whether the cited party (OCS Shisasari Police Station) is in contempt of court for failing to execute the eviction order.
- 2 Whether the eviction order should be amended to specify the correct police station for enforcement.
Ratio Decidendi
The court found that while an eviction order was issued and served, there was confusion regarding which police station had jurisdiction to enforce it. The delay in execution was not deemed intentional contempt but rather a result of this confusion. To resolve the issue, the court ordered that the eviction order be amended to specify the OCS Shinyalu Police Station as the enforcing authority, clarifying the responsible party for execution. No orders as to costs were made for this application.
Court Disposition
Application partially allowed.
Orders
- The eviction order is to be amended to read OCS Shinyalu Police Station as the enforcing authority.
- No orders as to costs for this application.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KAKAMEGA
ELC CASE NO. 124 OF 2015
ENOCK ISIAHO MMBATHA.................................................PLAINTIFF/APPLICANT
VERSUS
STEPHEN MULINYA ANENE
GLADYS SHIKUZI.......................................................DEFENDANTS/RESPONDENTS
THE OFFICER COMMANDING
SHISASARI POLICE STATION (OCS).....................................................CITED PARTY
RULING
The application is dated 22nd May 2020 and seeks the following orders:-
(a) That the cited party be made a party to this summons.
(b) That the eviction order issued on 22nd November, 2019 and a further order issued on 23rd April, 2020 is disobeyed and is therefore in contempt by the cited party and consequential remedies should therefore apply as per the penal notice.
This application is based on the following grounds that the applicant was issued with an eviction order on 22nd November, 2019 which has never been contested to date. That a further order was issued to the officer to execute and all orders served against him. That the orders are long overdue and not executed despite follow up and pressure to do so.
The applicant submitted that on 22nd November, 2019 this honouruable court issued an eviction order against the respondents and a further order which were all served against the officer commanding Shisasari police station for action on 18th March, 2020 and on 23rd April, 2020 as per the annexed copies marked E.I.M. That to date the order has not been executed.
The respondent submitted that on the 18th March, 2020 he was served with a court order dated 22nd November, 2019 which required the eviction of the defendants, their agents, servants, employees or whosoever who are trespassers on land parcel No. Kakamega/Shiru/902. The order was directed to the O.C.S. or O.C.P.D. Kakamega police station to enforce. (Attached as annexture AM 1. ). That the order should be amended to read “That the eviction order be enforced and supervised by the OCS Shinyalu Police Station or OCPD Kakamega East ……….” Under whose jurisdiction the piece of land is located. That the delay to execute the eviction order is not intentional.
This court has considered the application and the submissions therein. I have perused the court file and indeed on the 20th March 2019 this court did issue an eviction order which was to be stayed for 6 months. There seems to be some confusion on which police station is to execute the order. I order that the eviction order to be amended to read OCS Shinyalu Police Station. There will be no orders as to costs for this application.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 28TH DAY OF JULY 2020.
N.A. MATHEKA
JUDGE