[2022] KEELC 748 (KLR)

[2022] KEELC 748 (KLR)

The court adopted the consent of the parties as an order, recognizing that the parties had mutually agreed on the procedural steps for the hearing of the contempt application. The court found no reason to interfere with the consent, as it was consistent with the principles of case management and did not offend any...

Source-derived case information.

Citation
[2022] KEELC 748 (KLR)
Parties
Applicant: Leruk Murusi; Applicant: Lecheku Arigele; Applicant: Hon. Lekono Bernard; Applicant: Hon. Leado Stephen Lterias; Applicant: Ltetian Lerupes; Applicant: Jimmy Leneepe; Applicant: James Marleni; Applicant: Lpirikon Neepe; Applicant: Patrick Kuraki; Applicant: Samuel Loibarban; Applicant: Francis Leaduma; Applicant: Hon. Daniel Burcha; Applicant: Hon. Asunta; Applicant: Lenjododo Maidat Lolbalanga; Applicant: Leteyon Nure; Applicant: The Rendille Professional Association; Respondent: The County Government of Marsabit; Respondent: The Chief of the Kenya Defence Forces; Respondent: The Cabinet Secretary Ministry of Defence; Respondent: The Hon. Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Petition 7 of 2021
Procedural Posture
Contempt Application / Interlocutory Directions on Contempt Application
Outcome
Consent adopted as order of the court; directions issued for further conduct of the contempt application.
Legal Topics
Contempt of Court, Affidavit Filing, Written Submissions, Case Management
Source Language
en
Civil Procedure Land and Property Contempt of Court Affidavit Filing Written Submissions Case Management

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Parties

Leruk Murusi

Applicant

Lecheku Arigele

Applicant

Hon. Lekono Bernard

Applicant

Hon. Leado Stephen Lterias

Applicant

Ltetian Lerupes

Applicant

Jimmy Leneepe

Applicant

James Marleni

Applicant

Lpirikon Neepe

Applicant

Patrick Kuraki

Applicant

Samuel Loibarban

Applicant

Francis Leaduma

Applicant

Hon. Daniel Burcha

Applicant

Hon. Asunta

Applicant

Lenjododo Maidat Lolbalanga

Applicant

Leteyon Nure

Applicant

The Rendille Professional Association

Applicant

The County Government of Marsabit

Respondent

The Chief of the Kenya Defence Forces

Respondent

The Cabinet Secretary Ministry of Defence

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Contempt Application / Interlocutory Directions on Contempt Application

Legal Issues

  1. 1 Whether the parties have agreed on a procedural framework for the hearing of the contempt application.
  2. 2 Whether the court should adopt the parties' consent as an order of the court.

Ratio Decidendi

The court adopted the consent of the parties as an order, recognizing that the parties had mutually agreed on the procedural steps for the hearing of the contempt application. The court found no reason to interfere with the consent, as it was consistent with the principles of case management and did not offend any law or public policy. The directions provided a clear timetable for the exchange of affidavits and written submissions, and scheduled the matter for further directions and highlighting of submissions. The court's decision was guided by the need to facilitate the just, expeditious, and efficient determination of the application.

Court Disposition

Consent adopted as order of the court; directions issued for further conduct of the contempt application.

Orders

  • The 9th to 16th Petitioners to serve a further affidavit in response to the grounds of opposition dated 21st March, 2022 within 5 days.
  • The 9th to 16th Petitioners' application dated 18th February 2022 to be canvassed by way of written submissions. The applicants to serve the respondents within 14 days by 1st April 2022.