[2024] KEELC 6547 (KLR)
The court determined that, although the agreement to discharge the contemnor was reached after conviction, the existence of an untried application to set aside the conviction and the parties' consensus justified the discharge. The court exercised its discretion to discharge Mr Edwin Mugera, warning him of the...
Source-derived case information.
- Citation
- [2024] KEELC 6547 (KLR)
- Parties
- Plaintiff: Joe Kazungu Yaa Mangi; Defendant: Director of Land Adjudication and Settlement; Defendant: Land Registrar; Interested Party: David Rodney Green; Interested Party: Deborah Jane Green; Contemnor: Edwin Mugera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 25 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Committal Proceedings and Application to Set Aside Contempt Conviction
- Outcome
- contemnor discharged; application to set aside contempt conviction marked as overtaken by events
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Land Adjudication, Service of Process, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Kazungu Yaa Mangi
Plaintiff
Director of Land Adjudication and Settlement
Defendant
Land Registrar
Defendant
David Rodney Green
Interested Party
Deborah Jane Green
Interested Party
Edwin Mugera
Contemnor
Procedural Posture
Environment and Land Case / Ruling on Committal Proceedings and Application to Set Aside Contempt Conviction
Legal Issues
- 1 Whether the contemnor should be discharged following an agreement between the parties after conviction for contempt of court.
- 2 Whether the application to set aside the contempt conviction is rendered moot by the parties' agreement.
Ratio Decidendi
The court determined that, although the agreement to discharge the contemnor was reached after conviction, the existence of an untried application to set aside the conviction and the parties' consensus justified the discharge. The court exercised its discretion to discharge Mr Edwin Mugera, warning him of the importance of complying with court orders and the consequences of default. The application dated 15/5/2024 was marked as overtaken by events, as the discharge rendered it moot.
Court Disposition
contemnor discharged; application to set aside contempt conviction marked as overtaken by events
Orders
- The contemnor, Mr Edwin Mugera, is discharged with a warning regarding compliance with court orders.
- The application dated 15/5/2024 is marked as overtaken by events.
Full Case Text
Judgment text and source record
26 paragraphs
Mangi v Director of Land Adjudication and Settlement & another; Green & another (Interested Parties); Mugera (Contemnor) (Environment & Land Case 25 of 2018) [2024] KEELC 6547 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6547 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 25 of 2018
FM Njoroge, J
October 3, 2024
Between
Joe Kazungu Yaa Mangi
Plaintiff
and
Director of Land Adjudication and Settlement
1st Defendant
Land Registrar
2nd Defendant
and
David Rodney Green
Interested Party
Deborah Jane Green
Interested Party
and
Mr Edwin Mugera
Contemnor
Ruling
1. This court has considered the proceedings of 26/9/2024 in this matter and in particular, the agreement entered into by the parties to the committal proceedings herein to the effect that if the court pleases, the contemnor ought to be discharged. This court has come to the conclusion that the agreement has come too late in the day when the conviction of the contemnor has occurred. However, it also notes an extenuating factor, namely, that the agreement is being made when the contemnor has filed a motion dated 15th May 2024 seeking orders setting aside the decision that found him in contempt. The proposed setting aside is premised on claims that neither the Attorney General’s Office nor the contemnor was served with the application and orders on which it was based. The agreement between the parties thus if acceded to by this court will render that application as overtaken by events. The last event before that application had been the scheduling of the matter for the sentencing of the contemnor which was at the discretion of this court. Bearing in mind the agreement between the parties and the fact that the eventual fate of the application dated 15/5/2024 shall never be known as the same has not been tried on its merits, this court is of the view that it should agree with the parties and discharge the contemnor. Consequently, I hereby discharge the contemnor, Mr Edwin Mugera with a warning as he remains a public officer, of the importance of complying with court orders as long as they have not been set aside, and warns him of the serious consequences attendant to default, which may include the loss of liberty or sequestration of his property. He is hereby discharged and is a free man. Consequently, the application dated 15/5/2024 is hereby marked as overtaken by events.
RULING DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 3RD DAY OF OCTOBER 2024. MWANGI NJOROGEJUDGE, ELC MALINDI