[2023] KEELC 19157 (KLR)
The court held that since the contemnor had already been found in contempt of court on 27.10.2022, the only matter before it was the sentencing following the notice to show cause. The court declined to consider documents filed by the contemnor in response to an application dated 13.7.2023, as no directions had been...
Source-derived case information.
- Citation
- [2023] KEELC 19157 (KLR)
- Parties
- Applicant: Ian Gonji M’mboga; Applicant: Megeria Kibuchi Mageria; Respondent: Benjamin Kimeria Kagumba; MISSING: Autogari Kenya Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E080 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Contempt and Sentencing
- Outcome
- Ruling delivered on sentencing for contempt of court; extraneous applications and appellate matters not considered.
- Judges
- LN Mbugua
- Legal Topics
- Contempt of Court, Notice to Show Cause, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ian Gonji M’mboga
Applicant
Megeria Kibuchi Mageria
Applicant
Benjamin Kimeria Kagumba
Respondent
Autogari Kenya Limited
MISSING
Procedural Posture
Miscellaneous Application / Ruling on Notice to Show Cause for Contempt and Sentencing
Legal Issues
- 1 Whether the contemnor should be punished for contempt of court as previously found on 27.10.2022.
- 2 Whether documents filed by the contemnor in response to an application filed on 13.7.2023 should be considered in the current proceedings.
Ratio Decidendi
The court held that since the contemnor had already been found in contempt of court on 27.10.2022, the only matter before it was the sentencing following the notice to show cause. The court declined to consider documents filed by the contemnor in response to an application dated 13.7.2023, as no directions had been given regarding those documents. The court also declined to address issues pending before the Court of Appeal, affirming that such matters are within the jurisdiction of that court. Accordingly, the court proceeded to deliver its ruling on sentencing for contempt without considering extraneous matters.
Court Disposition
Ruling delivered on sentencing for contempt of court; extraneous applications and appellate matters not considered.
Orders
- The court proceeds to deliver its ruling on sentencing for contempt of court.
- Documents filed by the contemnor in response to the application dated 13.7.2023 are not considered.
Full Case Text
Judgment text and source record
26 paragraphs
M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19157 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEELC 19157 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Miscellaneous Application E080 of 2022
LN Mbugua, J
July 27, 2023
Between
Ian Gonji M’mboga
1st Applicant
Megeria Kibuchi Mageria
2nd Applicant
and
Benjamin Kimeria Kagumba
Respondent
and
Autogari Kenya Limited
Intended Interested Party
Ruling
1. I find that the contemnor was found in contempt of court way back on 27. 10. 2022, that is also the date when a notice to show cause was issued as to why he should not be punished for contempt.
2. The proceedings on the Notice to Show Cause eventually proceeded on 5. 7.2023 and both the contemnor and his advocate addressed the court on the issue.
3. Today’s date was reserved for the ruling on the Notice toShow Cause proceedings; basically, the sentencing aspect.
4. For the application allegedly filed on 13. 7.2023, the court has not given directions on the same. Thus the issue of considering documents filed by the contemnor in response to that application does not arise.
5. On the Court of Appeal matter; the issues there in are in the domain of that Court. I will say no more on the matter before the court of Appeal.
6. In the circumstances, the court will proceed to deliver its ruling.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27THDAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Chawla for RespondentAmbala for the two ApplicantsContemnorCourt Assistant: Eddel