[2019] KEELC 3610 (KLR)
The court found that the affidavit in support of the contempt application did not clearly specify the acts constituting contempt. Guided by Section 19 of the Environment and Land Court Act, the court directed that the application be disposed of so that the main suit can proceed to full hearing. The court emphasized...
Source-derived case information.
- Citation
- [2019] KEELC 3610 (KLR)
- Parties
- Applicant: John Thuo Kiragu (suing on behalf of Jonathan Kiambati alias Jonathan Njuguna Wanjiru), David Chenge and Mercy Emily Wanjiru (as Donars); Respondent: Stephen Chiira Karanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 588 of 2014
- Procedural Posture
- Civil Case / Directions on Interlocutory Application
- Outcome
- Application for contempt not determined; matter to proceed to full hearing.
- Judges
- LC Komingoi
- Legal Topics
- Contempt of Court, Interlocutory Orders, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Thuo Kiragu (suing on behalf of Jonathan Kiambati alias Jonathan Njuguna Wanjiru), David Chenge and Mercy Emily Wanjiru (as Donars)
Applicant
Stephen Chiira Karanja
Respondent
Procedural Posture
Civil Case / Directions on Interlocutory Application
Legal Issues
- 1 Whether the alleged contemnors committed acts in breach of court orders granted on 23rd October 2015.
- 2 Whether the application for contempt should be disposed of before the main suit is heard.
Ratio Decidendi
The court found that the affidavit in support of the contempt application did not clearly specify the acts constituting contempt. Guided by Section 19 of the Environment and Land Court Act, the court directed that the application be disposed of so that the main suit can proceed to full hearing. The court emphasized the interest of justice in having the matter heard to conclusion, thereby resolving all issues comprehensively. The parties were directed to expedite the hearing of the main suit.
Court Disposition
Application for contempt not determined; matter to proceed to full hearing.
Orders
- The application for contempt is to be disposed of so that the main suit can proceed to full hearing.
- Parties are directed to expedite the hearing of the main suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 588 OF 2014
JOHN THUO KIRAGU(suing on behalf of Jonathan Kiambati alias Jonathan Njuguna Wanjiru)
DAVID CHENGE AND
MERCY EMILY WANJIRU (as Donars)................PLAINTIFF/APPLICANT
VERSUS
STEPHEN CHIIRA KARANJA.......................DEFENDANT/RESPONDENT
DIRECTIONS
1. I have considered the notice of motion dated 27th May 2016, the supporting affidavit and the annexures. I note that orders were granted on 23rd October 2015. I have gone through the affidavit of John Thuo Kirugu. It is not clear from paragraphs 5 and 6 of the said affidavit what acts have been committed by the alleged contemnors.
2. I am guided by Section 19 of the ELC Act, in directing that this application be disposed with so that the matter can go to full hearing.
3. It is in the interest of justice that this matter be heard to conclusion. This way all the issues will be resolved once and for all. The parties are hereby directed to expedite the hearing of the main suit.
It is so ordered.
Dated, signed and delivered in Nairobi on this 30TH day of APRIL 2019.
L. KOMINGOI
JUDGE
In the presence of:-
…………………………………………………………...Advocate for the Plaintiffs
…………………………………………………….…...Advocate for the Defendant
……………………………………………….………………………Court Assistant