[2019] KEELC 3827 (KLR)
The court found that the applicant had demonstrated all the necessary elements for contempt of court: a valid order was issued, the respondent had knowledge of the order, and the respondent wilfully disobeyed it by preventing its execution. The respondent's actions were corroborated by affidavit evidence and...
Source-derived case information.
- Citation
- [2019] KEELC 3827 (KLR)
- Parties
- Plaintiff: Michael Muturi Karanja; Defendant: Paul Kimani Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 426 of 2016
- Procedural Posture
- Notice of Motion / Ruling on Contempt Application
- Outcome
- Application allowed in terms of prayers 3, 4, and 5.
- Legal Topics
- Contempt of Court, Eviction Orders, Enforcement of Judgments, Attachment and Sale of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Muturi Karanja
Plaintiff
Paul Kimani Njoroge
Defendant
Procedural Posture
Notice of Motion / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed valid court orders issued on 21st April 2017.
- 2 Whether the defendant should be committed to jail for contempt of court or have his property attached and sold to defray damages.
- 3 Whether police assistance should be provided to enforce the eviction order.
Ratio Decidendi
The court found that the applicant had demonstrated all the necessary elements for contempt of court: a valid order was issued, the respondent had knowledge of the order, and the respondent wilfully disobeyed it by preventing its execution. The respondent's actions were corroborated by affidavit evidence and photographs. The respondent's failure to respond to the application further supported the applicant's case. The court concluded that the respondent was in contempt and granted the application in terms of attachment and sale of property, provision of police assistance for eviction, and costs.
Court Disposition
Application allowed in terms of prayers 3, 4, and 5.
Orders
- The defendant's properties are to be attached and sold to defray damages occasioned by disobedience of the court order.
- The Inspector of Police is directed to provide police officers to supervise and provide security during the defendant's eviction.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT & LAND COURT
ELC CASE NO. 426 OF 2016
MICHAEL MUTURI KARANJA......PLAINTIFF
=VERSUS=
PAUL KIMANI NJOROGE...............DEFENANT
RULING
1. This is a ruling in respect of Notice Motion 16th May 2018. The application seeks the following orders;-
1) Spent.
2) That this Honourable Court does commit the defendant to jail for duration not exceeding six (6) months for disobeying court orders duly issued by this Honourable Court on the 21st April, 2017.
3) That in the alternative to prayer (2) this Honourable Court does grant the order for the attachment and sale of the defendant’s properties to defray the damages occasioned by his disobedience of the court order duly issued by this Honourable Court on the 21st April,2017.
4) That further this Honourable Court does direct the Inspector of Police to immediately provide Police Officers to supervise and provide security as the Defendant/Respondent is evicted.
5) That the Respondent be condemned to pay the costs of this application and the execution of the order dated 21st April ,2017.
6) That this Honourable Court do award any other relief as this Court may deem just and equitable to grant under all the circumstances of this case.
2. The Respondent who was duly served with the application and hearing notice through his advocate on record neither filed grounds of opposition nor replying affidavit. The court had issued orders of eviction against the respondent. When the applicant went to evict the respondent, the respondent came to the suit property and menacingly chased away the persons who were to evict him.
3. The applicant now seeks that the respondent be found in contempt of court and be jailed for a period not excluding six months or in the alternative the respondent’s properties be attached to defray costs incurred as a result of the respondent’s disobedience of the court order.
4. I have gone through the applicant’s application and the supporting affidavit. There is no doubt that an auctioneer in the company of police officers went to the disputed property to effect the court order. As the auctioneers had started executing the court orders which had duly been verified and confirmed to be authentic, the respondent who is the current Kiambu Senator came accompanied by goons and his security detail and stopped the execution of the court order.
5. In an application of this nature, the applicant is expected to show that there was a valid court order given; that the order was served upon the contemnor or that the contemnor had knowledge of the same and that the order was wilfully disobeyed by the contemnor. I have looked at the detailed affidavit in support of the application. The applicant has proved all the required ingredients before one can be found to be in contempt of court. The Respondent was present when execution was going on and photographs of him were taken at the disputed property. I find that the respondent is in contempt of court orders and I find so. I therefore allow the application in terms of prayers 3, 4, and 5.
It is so ordered.
Dated, Signed and delivered at Nairobion this 28thday of March 2019.
E.O.OBAGA
JUDGE
In the presence of;-
………………………………
………………………………
Court Assistant: Hilda
E.O.OBAGA
JUDGE