[2018] KEELC 3872 (KLR)
The court found, upon reviewing the motion, supporting affidavits, and the replying affidavit, that the defendants had not complied with the court's orders of 8/3/2011. Consequently, the court exercised its powers under order 40 rule 3(1) of the Civil Procedure Rules to enforce compliance. The court ordered that a...
Source-derived case information.
- Citation
- [2018] KEELC 3872 (KLR)
- Parties
- Plaintiff: Japhether Wamalwa Kilui; Plaintiff: John Siebela Musee; Plaintiff: Johnson Wanjala Mafula; Plaintiff: Timothy Masinde Sindani; Plaintiff: Mary Wasike; Plaintiff: Fragnel Wawire Mirimo; Plaintiff: Henry Masibo; Plaintiff: Nicolas Masika Maikuma; Plaintiff: Titus Musuya Sakwa; Defendant: Mathew Munyole Wafula; Defendant: Ben Machabe Wafula
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 113 of 2002
- Procedural Posture
- Civil Suit / Ruling on Contempt Motion
- Outcome
- Warrant of arrest to issue against the defendants for non-compliance with court orders; defendants to be brought to court to show cause why they should not be punished for contempt.
- Legal Topics
- Contempt of Court, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhether Wamalwa Kilui
Plaintiff
John Siebela Musee
Plaintiff
Johnson Wanjala Mafula
Plaintiff
Timothy Masinde Sindani
Plaintiff
Mary Wasike
Plaintiff
Fragnel Wawire Mirimo
Plaintiff
Henry Masibo
Plaintiff
Nicolas Masika Maikuma
Plaintiff
Titus Musuya Sakwa
Plaintiff
Mathew Munyole Wafula
Defendant
Ben Machabe Wafula
Defendant
Procedural Posture
Civil Suit / Ruling on Contempt Motion
Legal Issues
- 1 Whether the defendants have complied with the court orders issued on 8/3/2011.
- 2 Whether a warrant of arrest should issue against the defendants for contempt of court.
Ratio Decidendi
The court found, upon reviewing the motion, supporting affidavits, and the replying affidavit, that the defendants had not complied with the court's orders of 8/3/2011. Consequently, the court exercised its powers under order 40 rule 3(1) of the Civil Procedure Rules to enforce compliance. The court ordered that a warrant of arrest be issued against Mathew Munyole Wafula and Ben Machabe Wafula to bring them before the court to show cause why they should not be punished for contempt of court. This decision was based on the need to uphold the authority of court orders and ensure compliance with judicial directives.
Court Disposition
Warrant of arrest to issue against the defendants for non-compliance with court orders; defendants to be brought to court to show cause why they should not be punished for contempt.
Orders
- A warrant of arrest shall issue against Mathew Munyole Wafula and Ben Machabe Wafula.
- The defendants shall be brought before the court to show cause why they should not be punished for contempt of court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CIVIL SUIT NO. 113 OF 2002.
JAPHETHER WAMALWA KILUI……..…………………….....1ST PLAINTIFF
JOHN SIEBELA MUSEE……………………………………...2ND PLAINTIFF
JOHNSON WANJALA MAFULA……………………….........3RD PLAINTIFF
TIMOTHY MASINDE SINDANI…......…………………….......4TH PLAINTIFF
MARY WASIKE…………………………………………….....5TH PLAINTIFF
FRAGNEL WAWIRE MIRIMO…………………....………......6TH PLAINTIFF
HENRY MASIBO………………………………………….......7TH PLAINTIFF
NICOLAS MASIKA MAIKUMA……..……………………….8TH PLAINTIFF
TITUS MUSUYA SAKWA…………...……………….......…..9TH PLAINTIFF
VERSUS.
MATHEW MUNYOLE WAFULA…………………….........1ST DEFENDANT
BEN MACHABE WAFULA…………………………….....2ND DEFENDANT
RULING.
[1] Having perused the Motion filed herein pursuant to order 40 rule 3(1) of the Civil Procedure Rules and equally having perused the supporting affidavit of Japhter Wamalwa Kilui and Johnstone Wanjala Mafuta sworn on 16/11/2017 and also having perused the replying affidavit of Mathew Munyole Wafula, I find that he has not complied with the orders of this Court of 8/3/2011. I do order that a Warrant of Arrest should issue against Mathew Munyole Wafula and Ben Machabe Wafula to be brought to this court to show cause why they should not be punished for contempt of court as by Law provided.
Ruling read in the presence of Mr. Murunga.
Dated at Bungoma this 28th day ofMarch, 2018.
S. MUKUNYA
JUDGE.
In the presence of:
Joy: Court Assistant
Mr. Murunga for Khakula for the respondent/applicant
Respondent is absent