[2024] KEHC 12863 (KLR)
The court determined that it would be prudent to address the application dated 16th September, 2024, which seeks, among other reliefs, a stay of proceedings and contempt orders against the 3rd Respondent's CEO, before considering the merits of the earlier application dated 13th March, 2023. The rationale is that the...
Source-derived case information.
- Citation
- [2024] KEHC 12863 (KLR)
- Parties
- Applicant: Kiambu Community Water Projects Association; Respondent: Ministry Of Water, Sanitation And Irrigation; Respondent: The Attorney General; Respondent: Water Resources Authority; Interested Party: County Government Of Kiambu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Petition E013 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Applications
- Outcome
- Ruling deferred; further directions to issue after interpartes hearing of application dated 16th September, 2024.
- Judges
- DO Chepkwony
- Legal Topics
- Contempt of Court, Interlocutory Injunctions, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiambu Community Water Projects Association
Applicant
Ministry Of Water, Sanitation And Irrigation
Respondent
The Attorney General
Respondent
Water Resources Authority
Respondent
County Government Of Kiambu
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Applications
Legal Issues
- 1 Whether the 3rd Respondent's CEO should be cited for contempt of court for disobeying court orders issued on 13th March, 2023.
- 2 Whether the court should stay proceedings pending determination of the application dated 16th September, 2024.
- 3 Whether the 3rd Respondent should be ordered to reconnect borehole water supply pending hearing and determination of the application.
Ratio Decidendi
The court determined that it would be prudent to address the application dated 16th September, 2024, which seeks, among other reliefs, a stay of proceedings and contempt orders against the 3rd Respondent's CEO, before considering the merits of the earlier application dated 13th March, 2023. The rationale is that the outcome of the more recent application could directly impact the conduct and progression of the case. Accordingly, the court deferred substantive consideration of the earlier application and directed that further directions would be issued after the interpartes hearing of the application dated 16th September, 2024. The court did not make any findings on the merits of the...
Court Disposition
Ruling deferred; further directions to issue after interpartes hearing of application dated 16th September, 2024.
Orders
- The application dated 16th September, 2024 to be heard interpartes on 4th October, 2024.
- Further directions to issue on the application dated 16th September, 2024 after the interpartes hearing.
Full Case Text
Judgment text and source record
24 paragraphs
Kiambu Community Water Projects Association v Ministry of Water, Sanitation and Irrigation & 2 others; County Government of Kiambu (Interested Party) (Petition E013 of 2023) [2024] KEHC 12863 (KLR) (4 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12863 (KLR)
Republic of Kenya
In the High Court at Kiambu
Petition E013 of 2023
DO Chepkwony, J
October 4, 2024
Between
Kiambu Community Water Projects Association
Petitioner
and
Ministry Of Water, Sanitation And Irrigation
1st Respondent
The Attorney General
2nd Respondent
Water Resources Authority
3rd Respondent
and
County Government Of Kiambu
Interested Party
Ruling
1. This matter was slated for delivery of Ruling for the Notice of Motion application dated 13th March, 2023. However the court notes that there is another application which was filed on 16th September, 2024 which is seeking the following orders:a.Spent.b.That this Honourable Court be pleased to stay the proceedings herein pending the hearing and determination of this application.c.Pending the interpartes hearing and determination of this Application, this Honourable Court be pleased to order the 3rd Respondent to forthwith return all the borehole water supply disconnected from the borehole owned and operated by the estate of the Late John Muuti Karomo situated in Kiambaa Ruaka 6837. d.This Honourable Court be pleased to cite the 3rd Respondent’s Chief Executive Officer for contempt of court for his disobedience of the Orders of this Honourable Court issued on 13th March, 2023 and have him committed to civil jail for a term of six months and/or orders him to purge the contempt of court on terms this court will deem just.e.Costs of this application be borne by the Respondents.
2. Looking at the contents of the orders being sought in the application dated 16th September, 2024 it would be prudent for the court to address the same first before delving into the merits of the application dated 13th March, 2024. Given that the said application is slated for interpartes hearing on 4th October, 2024 , further directions to issue on the application dated 16th September, 202 then.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Lumumba holding brief for Mr. Marete counsel for PetitionerM/S Makori counsel for 3rd RespondentCourt Assistant - Martin