[2025] KEELC 2981 (KLR)
The court found that the application for contempt was incompetent because the applicant, Boaz Kiprotich Ngetich, was not a party to the suit and therefore lacked the legal capacity to bring the application. Furthermore, the court noted that the plaintiff, Reuben Korir, had died on 13th June 2024 and had not been...
Source-derived case information.
- Citation
- [2025] KEELC 2981 (KLR)
- Parties
- Plaintiff: Reuben Korir; Defendant: Joseph Kirui; Defendant: Alice Kirui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 476 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Contempt Application
- Outcome
- application struck out
- Judges
- A Ombwayo
- Legal Topics
- Contempt of Court, Status Quo Orders, Party Capacity, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Korir
Plaintiff
Joseph Kirui
Defendant
Alice Kirui
Defendant
Procedural Posture
Environment and Land Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the application for contempt is competent given the applicant's lack of party status.
- 2 Whether proceedings can be undertaken before substitution of the deceased plaintiff.
- 3 Whether the alleged contemnors disobeyed the court order of 5th March 2018.
Ratio Decidendi
The court found that the application for contempt was incompetent because the applicant, Boaz Kiprotich Ngetich, was not a party to the suit and therefore lacked the legal capacity to bring the application. Furthermore, the court noted that the plaintiff, Reuben Korir, had died on 13th June 2024 and had not been substituted, making it procedurally improper to entertain any proceedings in the matter until proper substitution was effected. As a result, the application was struck out with costs for want of capacity and procedural propriety.
Court Disposition
application struck out
Orders
- The application for contempt is struck out with costs.
Full Case Text
Judgment text and source record
24 paragraphs
Kori v Kirui & another (Environment & Land Case 476 of 2017) [2025] KEELC 2981 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KEELC 2981 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 476 of 2017
A Ombwayo, J
March 28, 2025
Between
Reuben Korir
Plaintiff
and
Joseph Kirui
1st Defendant
Alice Kirui
2nd Defendant
Ruling
1. Boaz Kiprotich Ngetich a person not known in this matter and who is not a party has brought this application for contempt seeking orders that this Application be certified urgent and heard ex parte in the first instance. That this Honorable court be pleased to order the immediate arrest of Alice Kirui, the 1st Contemnor herein and she be presented in court, cited and adjudged guilty for contempt of court orders issued on 5th March 2018. That this Honorable court be pleased to order the immediate arrest of John Kirui, the 2nd Contemnor herein and he be presented in court, cited and adjudged guilty for contempt of court orders issued on 5th March 2018. This Honorable court be pleased to order the immediate arrest of PC Henry Mitey, the 3rd Contemnor herein and he be presented in court, cited and adjudged guilty for contempt of court orders issued on 5th March 2018;He prays that this Honorable Court be pleased to commit Alice Kirui the 1st Contemnor herein to imprisonment for a period of six months for disobeying and being in contempt of the orders of this Honorable Court issued on 5th March 2018.
2. This Honorable Court be pleased to commit John Kirui, the 2nd Contemnor herein to imprisonment for a period of six months for disobeying and being in contempt of the orders of this Honorable
3. Court issued on 5th March, 2018. This Honorable Court be pleased to commit PC Henry Mitey, the 3rd Contemnor herein to imprisonment for a period of six months for disobeying and being in contempt of the orders of this Honorable Court issued on 5th March 2018. That the Ist respondents/contemnors be denied audience of court until they purge the contempt.
4. The application is based on grounds that the alleged contemnor have disobeyed the court order recorded on 5th of March 2018 whose import was to maintain status quo in Nakuru/Terete /117. That the defendant have entered the property unlawfully and issued threats to the plaintiffs. The application is supported by the affidavit of Boaz K Ngetich.
5. Alice Kirui has filed a replying affidavit stating that she has no idea who Boaz Kiprotich Ngetich is.
6. She states that the supporting affidavit is defective because Boaz Kiprop Ngetich is not a party in the suit.
7. I have considered the application and do find that the plaintiff died on 13th June 2024. The consent was entered earlier on 5th March 2018. It appears that the deceased plaintiff has not been substituted and therefore no proceedings cannot be undertaken before substitution. The upshot of the above is that the application is incompetent as the applicant lacks capacity to sue on behalf of the deceased and the same is struck out with costs.
SIGNED BY: HON. JUSTICE ANTONY O. OMBWAYOTHE JUDICIARY OF KENYA.NAKURU ENVIRONMENT AND LAND COURTENVIRONMENT AND LAND COURTDATE: 2025-03-28 11:18:39