[2025] KEELC 1164 (KLR)
The court found that Senior Superintendent of Police Joseph Yatan failed to comply with explicit court orders to serve summons on the respondents and to provide proof of such service. The court rejected the officer's attempt to shift blame to his superior, holding that the statutory duty to obey and effect court...
Source-derived case information.
- Citation
- [2025] KEELC 1164 (KLR)
- Parties
- Applicant: Vincent Narisa Krop; Applicant: Cox Patrick Nasira; Applicant: Chemutuken Palee Loukotum; Applicant: Jane Narisa Chepotum Edhio; Respondent: County Commander West Pokot County; Respondent: Martin Semero; Respondent: Kamzee Limakou; Respondent: Samson Kapchonge; Respondent: Samuel Alukureng; Respondent: Wilson Alukureng; Respondent: Alias Alukureng; Respondent: Andrew Poghisho; Respondent: Reuben Sharti; Respondent: Jackson Kanawai Sharti; Respondent: Philip Sharti; Respondent: Stephen Kakuko Chelopei; Respondent: Christopher Sharti; Respondent: Jeremiah Sharti; Respondent: Daniel Timothy Kenyenya Sharti; Respondent: Richard Soprin; Respondent: Karitor Psiren Losiangole; Respondent: Richard Losiangole; Respondent: Michael Lopeitodo; Respondent: Solomon Tirir Siri; Respondent: John Limangole Lopeitodo; Respondent: Cheptangat Lokeris; Respondent: Teresa Peter Lokichu; Respondent: Elizabeth Limunan; Respondent: Dakta Wakanu; Respondent: Geoffrey Yeko Lopotio; Respondent: Powon Lonyang; Respondent: Daniel Merikenei; Respondent: Jacob Liman; Respondent: Jackson Limani; Respondent: Isaac Kotit; Respondent: Joakim Alemusia; Respondent: Cheparkong Domonyang
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 118 of 2013
- Procedural Posture
- Contempt Application / Ruling on Contempt and Enforcement of Court Orders
- Outcome
- Senior Superintendent of Police Joseph Yatan found guilty of contempt of court; suspended fine imposed; further enforcement orders issued.
- Judges
- CK Nzili
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Service of Process, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Narisa Krop
Applicant
Cox Patrick Nasira
Applicant
Chemutuken Palee Loukotum
Applicant
Jane Narisa Chepotum Edhio
Applicant
County Commander West Pokot County
Respondent
Martin Semero
Respondent
Kamzee Limakou
Respondent
Samson Kapchonge
Respondent
Samuel Alukureng
Respondent
Wilson Alukureng
Respondent
Alias Alukureng
Respondent
Andrew Poghisho
Respondent
Reuben Sharti
Respondent
Jackson Kanawai Sharti
Respondent
Philip Sharti
Respondent
Stephen Kakuko Chelopei
Respondent
Christopher Sharti
Respondent
Jeremiah Sharti
Respondent
Daniel Timothy Kenyenya Sharti
Respondent
Richard Soprin
Respondent
Karitor Psiren Losiangole
Respondent
Richard Losiangole
Respondent
Michael Lopeitodo
Respondent
Solomon Tirir Siri
Respondent
John Limangole Lopeitodo
Respondent
Cheptangat Lokeris
Respondent
Teresa Peter Lokichu
Respondent
Elizabeth Limunan
Respondent
Dakta Wakanu
Respondent
Geoffrey Yeko Lopotio
Respondent
Powon Lonyang
Respondent
Daniel Merikenei
Respondent
Jacob Liman
Respondent
Jackson Limani
Respondent
Isaac Kotit
Respondent
Joakim Alemusia
Respondent
Cheparkong Domonyang
Respondent
Procedural Posture
Contempt Application / Ruling on Contempt and Enforcement of Court Orders
Legal Issues
- 1 Whether Senior Superintendent of Police Joseph Yatan failed to comply with court orders to serve summons on the respondents.
- 2 Whether the conduct of the 1st respondent amounts to contempt of court.
- 3 Whether the court should issue further enforcement orders including warrants of arrest and fines.
Ratio Decidendi
The court found that Senior Superintendent of Police Joseph Yatan failed to comply with explicit court orders to serve summons on the respondents and to provide proof of such service. The court rejected the officer's attempt to shift blame to his superior, holding that the statutory duty to obey and effect court orders rests with the officer to whom the order is directed. The court emphasized that non-compliance with court orders, especially by law enforcement officers, is a serious affront to the administration of justice and cannot be excused by internal administrative challenges. Consequently, the court found the officer guilty of contempt of court, imposed a suspended fine, and issued...
Court Disposition
Senior Superintendent of Police Joseph Yatan found guilty of contempt of court; suspended fine imposed; further enforcement orders issued.
Orders
- Senior Superintendent of Police Joseph Yatan is fined a suspended fine of Kshs. 50,000, in default to serve 14 days civil jail.
- Witness summons to issue to the County Police Commander, West Pokot County, Issa Mamur, to be served by the Regional Police Commander, Nakuru, to attend court in person on 18/3/2025.
Full Case Text
Judgment text and source record
94 paragraphs
Krop & 3 others v County Commander West Pokot County & 34 others (Environment & Land Case 118 of 2013 & 93 of 2018 (Consolidated)) [2025] KEELC 1164 (KLR) (12 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1164 (KLR)
Republic of Kenya
In the Environment and Land Court at Kitale
Environment & Land Case 118 of 2013 & 93 of 2018 (Consolidated)
CK Nzili, J
March 12, 2025
Between
Vincent Narisa Krop
1st Applicant
Cox Patrick Nasira
2nd Applicant
Chemutuken Palee Loukotum
3rd Applicant
Jane Narisa Chepotum Edhio
4th Applicant
and
County Commander West Pokot County
1st Respondent
Martin Semero
2nd Respondent
Kamzee Limakou
3rd Respondent
Samson Kapchonge
4th Respondent
Samuel Alukureng
5th Respondent
Wilson Alukureng
6th Respondent
Alias Alukureng
7th Respondent
Andrew Poghisho
8th Respondent
Reuben Sharti
9th Respondent
Jackson Kanawai Sharti
10th Respondent
Philip Sharti
11th Respondent
Stephen Kakuko Chelopei
12th Respondent
Stephen Kakuko Chelopei
13th Respondent
Christopher Sharti
14th Respondent
Jeremiah Sharti
15th Respondent
Daniel Timothy Kenyenya Sharti
16th Respondent
Richard Soprin
17th Respondent
Karitor Psiren Losiangole
18th Respondent
Richard Losiangole
19th Respondent
Michael Lopeitodo
20th Respondent
Solomon Tirir Siri
21st Respondent
John Limangole Lopeitodo
22nd Respondent
Cheptangat Lokeris
23rd Respondent
Teresa Peter Lokichu
24th Respondent
Elizabeth Limunan
25th Respondent
Dakta Wakanu
26th Respondent
Geoffrey Yeko Lopotio
27th Respondent
Powon Lonyang
28th Respondent
Daniel Merikenei
29th Respondent
Jacob Liman
30th Respondent
Jackson Limani
31st Respondent
Isaac Kotit
32nd Respondent
Joakim Alemusia
33rd Respondent
Joakim Alemusia
34th Respondent
Cheparkong Domonyang
35th Respondent
Ruling
1. On 26/2/2025, the court directed the 1st respondent, who was represented by Senior Superintendent of Police Joseph Yatan to collect and serve summons upon the 13 respondents to appear before this court today. The said Senior Superintendent of Police Yatan Joseph appeared today with no evidence that he effected service upon the named persons. Instead of providing an affidavit of service or returning the copies served or unserved, he blames his current Police Commander for non-action. One of the summons issued was against the County Police Commander, West Pokot County. At the very least, Senior Superintendent of Police Joseph Yatan, could have been expected to show evidence that he served the same upon the 1st respondent. Court orders are not made in vain.
2. Mr. Mwaniki Advocate for the decree holders submits that the casual manner in which the 1st respondent has been acting since issuance of the decree and an order for eviction five and two years ago is an affront to the administration of justice. The court is asked to flex its muscles and find the officer guilty of contempt of court.
3. The court has observed the demeanor of the Senior Superintendent of Police Joseph Yatan. He seems not to be taking court orders seriously. It is either he served or he did not serve the court summons. The burden was placed on him to effect the service and bring the citees before the court. The statutory duty is bestowed on him to obey lawful court orders. He cannot therefore turn around and blame his immediate supervisor for inaction.
4. The upshot is I find him guilty of contempt of court. He is fined a suspended fine of Kshs.50,000/= in default to serve 14 days civil jail to take effect. The witness summons to issue to the County Police Commander, West Pokot County, Issa Mamur, be served by the Regional Police Commander, Nakuru, to attend court in person on 18/3/2025.
5. Similarly, warrants of arrest shall issue against all the named citees, to be effected by Senior Superintendent of Police Joseph Yatan, for it is apparent that they were aware of today’s date, otherwise they could not have sent a lawyer to represent them.
RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 12TH DAY OF MARCH 2025. In the presence of:Court Assistant - LabanMr. Mwaniki for the Decree Holders present1st Respondent presentHON. C.K. NZILIJUDGE, ELC KITALE.