[2019] KEELC 3578 (KLR)
The court found that while the 1st to 4th defendants had complied with court attendance orders, the 5th defendant's absence was explained by alleged illness, though unproven. In the interest of justice and family harmony, the court declined to commit the defendants to civil jail or deny them audience. Instead, the...
Source-derived case information.
- Citation
- [2019] KEELC 3578 (KLR)
- Parties
- Plaintiff: Magdaline Jepkoech; Plaintiff: Anjaline Jepkemoi Kosgei; Defendant: Benjamin Tarus; Defendant: Henry Tarus; Defendant: Romana Koskei; Defendant: Dominic Tarus; Defendant: Philip Tarus
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 348 of 2017
- Procedural Posture
- Contempt Application / Ruling on Contempt Application and Interim Orders
- Outcome
- Status quo to be maintained; mediation encouraged; no committal for contempt at this stage.
- Judges
- MAO Odeny
- Legal Topics
- Contempt of Court, Injunctive Relief, Status Quo Orders, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Magdaline Jepkoech
Plaintiff
Anjaline Jepkemoi Kosgei
Plaintiff
Benjamin Tarus
Defendant
Henry Tarus
Defendant
Romana Koskei
Defendant
Dominic Tarus
Defendant
Philip Tarus
Defendant
Procedural Posture
Contempt Application / Ruling on Contempt Application and Interim Orders
Legal Issues
- 1 Whether the defendants are in contempt of court orders issued on 16th November 2017.
- 2 Whether the defendants should be committed to civil jail for contempt.
- 3 Whether the court should deny the defendants audience until they purge their contempt.
Ratio Decidendi
The court found that while the 1st to 4th defendants had complied with court attendance orders, the 5th defendant's absence was explained by alleged illness, though unproven. In the interest of justice and family harmony, the court declined to commit the defendants to civil jail or deny them audience. Instead, the court ordered that the status quo be maintained pending the determination of the suit and encouraged the parties to consider mediation. The court emphasized that obedience to court orders is mandatory but exercised discretion given the family context and ongoing succession proceedings.
Court Disposition
Status quo to be maintained; mediation encouraged; no committal for contempt at this stage.
Orders
- Status quo to be maintained pending determination of the suit.
- Parties to consider mediation as a way of solving the matter.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
ELC NO. 348 OF 2017
MAGDALINE JEPKOECH………..……………….…………...……1ST PLAINTIFF
ANJALINE JEPKEMOI KOSGEI…………………….…….………2ND PLAINTIFF
Legal representatives of the Estate of Mariko Kiptarus Koskei (Deceased)
VERSUS
BENJAMIN TARUS……….…………………………………………1ST DEFENDANT
HENRY TARUS……………………………..……………...………..2ND DEFENDANT
ROMANA KOSKEI……………….…………………………………3RD DEFENDANT
DOMINIC TARUS……….…………………………..………………1ST DEFENDANT
PHILIP TARUS……...……………………………..………………..2ND DEFENDANT
RULING
This ruling is in respect of an application dated 29th January 2018 the Plaintiff/applicants seeking for the following orders:
a) Spent
b) That this honourable court be pleased to commit the defendants to Ccivil jail for at least 2 years for disobeying court orders granted on 16th November 2017.
c) That this honourable court be pleased to deny the defendants audience until such a time that they purge their contempt.
d) That this honourable court do order that the defendants do attend court while the application is being heard.
This matter came up for hearing for hearing of an application for injunction when the court issued temporary orders of injunction against the defendants. Counsel for the defendants requested the court to grant him time to respond to the application which the court did. The court ordered that the defendants appear in court on 19th March 2018 but only the 2nd defendant appeared.
The court issued a warrant of arrest for the 1st 3rd and 4th defendants but later 1st to 4th defendants appeared in court and urged the court to lift the warrant of arrest. The court considered their explanation and lifted the same in respect of the 1st to 4th defendant but extended the warrant against the 5th defendant.
On 13th June 2018 Counsel for the defendants informed the court that the 5th defendant has been unwell but did not produce any medical documents to prove the same and therefore the warrant of arrest against the 5th defendant was extended again.
I have considered this application and I am of the view that this is a matter involving brothers and sisters who should live in harmony. This is a matter where the parties should try mediation if they are agreeable to talking to each other. This does not mean that court orders should not be obeyed. The 1st to 4th defendant have been attending court as had been ordered by the court. Counsel for the defendants had indicated to the court that the 5th defendant has been unwell. Even though he did not provide proof of the same I will give him the benefit of doubt that that is the position. Counsel also informed the court that the parties have filed a succession cause No 4 of 208 in Eldoret High Court which is still pending.
In the interest of justice and harmony in the family I order that status quo be maintained pending the determination of this suit. I also order that the parties consider mediation as a way of solving this matter.
Dated and delivered at Eldoret this 2nd day of May, 2019
M.A ODENY
JUDGE
RULING read in open court in the presence of Mr.Odhiambo holding brief for Mr.Chepkilot for Plaintiff and in the absence of Mr.Choge for Defendants.
Mr. Mwelem – Court Assistant