[2024] KEELC 1138 (KLR)
The court dismissed the application for contempt on the basis that the applicants failed to properly serve the application upon the alleged contemnors, which is a necessary procedural requirement for contempt proceedings. Additionally, the applicants themselves failed or refused to present themselves in court....
Source-derived case information.
- Citation
- [2024] KEELC 1138 (KLR)
- Parties
- Appellant: Kenya Assemblies Of God; Defendant: Antony Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 1 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application dismissed
- Judges
- PM Njoroge
- Legal Topics
- Contempt of Court, Service of Process, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Assemblies Of God
Appellant
Antony Njoroge
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent was properly served with the contempt application and court orders.
- 2 Whether the respondent should be cited for contempt of court for disobedience of court orders issued on 17th January, 2024.
- 3 Whether the application for contempt should be dismissed for failure to serve the alleged contemnors.
Ratio Decidendi
The court dismissed the application for contempt on the basis that the applicants failed to properly serve the application upon the alleged contemnors, which is a necessary procedural requirement for contempt proceedings. Additionally, the applicants themselves failed or refused to present themselves in court. Without proper service and the presence of the applicants, the court could not proceed to determine the merits of the contempt application. The court therefore found it appropriate to dismiss the application and made no orders as to costs.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Kenya Assemblies of God v Njoroge (Environment & Land Miscellaneous Case 1 of 2024) [2024] KEELC 1138 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1138 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Miscellaneous Case 1 of 2024
PM Njoroge, J
March 4, 2024
Between
Kenya Assemblies Of God
Appellant
and
Antony Njoroge
Defendant
Ruling
1. This application is dated 25th day of January, 2024 and seeks orders that:1. That this application be certified as urgent and the same be heard Ex-Parte in the first instance.2. That summons be issued against the Respondent herein to appear before this Honourable Court and show cause why she could not be committed to civil jail for such term as the court may deem just for contempt of court and further disobedience of Court orders issued on 17th January, 2024 in Moyale ELC E007/2022 for 30 days stay of execution.3. That the Respondent herein be cited for contempt of court and be committed to civil jail for a term of six (6) months for disobedience of Court orders of the 17th January, 2024. 4.That the costs of his application be provided for.
2. The application is supported by the affidavit of Anthony Njoroge and by the grounds on its face.
3. This being an application for contempt orders, it was necessary to have it properly served upon the alleged contemnors. As the applicants have failed to do so, I am inclined to dismiss the application. The applicants have also refused or failed to present themselves in court.
4. In the circumstances, the following orders are hereby issued;a.This application is dismissed.b.I issued no orders as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 4TH DAY OF MARCH, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE