[2021] KEELC 225 (KLR)
The court reaffirmed the necessity of compliance with its previous status quo orders, emphasizing that all parties are bound to obey court directives. The court found that the proper procedure for addressing alleged contempt is through a formal application, not oral submissions. The absence of certain respondents...
Source-derived case information.
- Citation
- [2021] KEELC 225 (KLR)
- Parties
- Applicant: Joseph Lorunyei Kuwam; Applicant: John Oyan Lususru; Applicant: Joyce Nairesia Lesegi; Applicant: Kuresha Bille Mohamed; Applicant: Mary Kepen Mbatia; Applicant: Joseph Mtwanja; Respondent: The Cabinet Sec. Min. of Defence Republic of Kenya; Respondent: The Cabinet Secretary, Min. of Interior & Co-ordination of National Government; Respondent: The Cabinet Sec. Min. of Lands; Respondent: The County Commissioner Isiolo County; Respondent: The County Government of Isiolo; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition E004 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Status Quo and Directions
- Outcome
- Status quo orders reaffirmed; directions issued for service and filing of responses.
- Legal Topics
- Status Quo Orders, Contempt of Court, Public Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Lorunyei Kuwam
Applicant
John Oyan Lususru
Applicant
Joyce Nairesia Lesegi
Applicant
Kuresha Bille Mohamed
Applicant
Mary Kepen Mbatia
Applicant
Joseph Mtwanja
Applicant
The Cabinet Sec. Min. of Defence Republic of Kenya
Respondent
The Cabinet Secretary, Min. of Interior & Co-ordination of National Government
Respondent
The Cabinet Sec. Min. of Lands
Respondent
The County Commissioner Isiolo County
Respondent
The County Government of Isiolo
Respondent
The Attorney General
Defendant
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Status Quo and Directions
Legal Issues
- 1 Whether the respondents have complied with the status quo orders previously issued by the court.
- 2 Whether the petitioners should be directed to file a formal contempt application against the alleged contemnors.
- 3 Whether the parties should be granted further directions regarding service and filing of responses.
Ratio Decidendi
The court reaffirmed the necessity of compliance with its previous status quo orders, emphasizing that all parties are bound to obey court directives. The court found that the proper procedure for addressing alleged contempt is through a formal application, not oral submissions. The absence of certain respondents was noted as a pattern of disregard for court process, which the court deprecated. The court issued further directions to ensure service of orders and timely filing of responses, reiterating the importance of procedural compliance and respect for judicial authority.
Court Disposition
Status quo orders reaffirmed; directions issued for service and filing of responses.
Orders
- Orders for status quo issued by Lady Justice Lucy Mbugua at Meru on 7/10/2019 and reaffirmed on 19/5/2021 are hereby further reaffirmed and the parties are ordered to maintain status quo as envisaged by the orders issued by the Hon. Lady Justice Lucy Mbugua.
- The petitioners’ advocate is directed to serve the orders issued by the court today upon all absent parties within 14 days of today.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
PETITION. E004 OF 2021
JOSEPH LORUNYEI KUWAM...............................................................1ST PETITIONER
JOHN OYAN LUSUSRU..........................................................................2ND PETITIONER
JOYCE NAIRESIA LESEGI...................................................................3RD PETITIONER
KURESHA BILLE MOHAMED.............................................................4TH PETITIONER
MARY KEPEN MBATIA........................................................................5TH PETITIONER
JOSEPH MTWANJA..............................................................................6TH PETITIONER
VERSUS
THE CABINET SEC. MIN. OF DEFENCE
REPUBLIC OF KENYA.......................................................................1ST RESPONDENT
THE CABINET SECRETARY, MIN. OF INTERIOR
& CO-ORDINATION OF NATIONAL GOVERNMENT...............2ND RESPONDENT
THE CABINET SEC. MIN. OF LANDS...........................................3RD RESPONDENT
THE COUNTY COMMISSIONER ISIOLO COUNTY.................4TH RESPONDENT
THE COUNTY GOVERNMENT OF ISIOLO...............................5TH RESPONDENT
THE ATTORNEY GENERAL............................................................6TH DEFENDANT
RULING
1. Today, 20/12/2021, Mr. Abubakar for the petitioners told the court that the Ministry of Defence and particularly the KDF were ignoring orders of Status Quo issued by the Hon. Lady Justice Lucy Mbugua at Meru on 7/10/2019 and reaffirmed on 19/5/2021.
2. The court orally advised Mr. Abubakar, the petitioners’ advocate, to formally file a contempt application against the alleged contemnors so that the issue can properly be canvassed.
3. Once again it is unfortunate that some of the parties in this suit did not come to court even though they were aware of today’s date. I observe that it is becoming quite common for the AG’s representatives and the National Land Commission to skip hearing dates or dates for directions. This reprehensive behaviour is hereby deprecated.
4. I issue the following orders:
a) Orders for status quo issued by Lady Justice Lucy Mbugua at Meru on 7/10/2019 and reaffirmed on 19/5/2021 are hereby further reaffirmed and the parties are ordered to maintain status quo as envisaged by the orders issued by the Hon. Lady Justice Lucy Mbugua.
b) The petitioners’ advocate is directed to serve the orders issued by the court today upon all absent parties within 14 days of today
c) All respondents and the interested parties are granted 30 days to concurrently file and exchange their responses to the petition and liberal leave to further respond as and if necessary, is hereby
d) With the concurrence of the advocates present in court today, parties will come to court for directions on 28/2/2022
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 20TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
Court Assistant: Denge
Abubakar for the Petitioners
Captain Tororey for the 1st respondent
Ken Muriuki for the 5th respondent.
HON JSUTICE P. M. NJOROGE
ELC, JUDGE, ISIOLO