[2025] KEHC 8117 (KLR)
The court declined to grant the interim orders sought by the applicants on the basis that, although there was evidence of service on the Ministry of Interior and the Attorney General, the Principal Secretary, Ministry of Interior, was not specifically named or identified in the application. The court emphasized that...
Source-derived case information.
- Citation
- [2025] KEHC 8117 (KLR)
- Parties
- Applicant: Moa Community; Applicant: Dokota Barisa; Applicant: Shariff Omar; Respondent: Daniel Okumu; Respondent: Asst County Commissiner (Lamu); Respondent: PS Ministry of Interior; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E010 of 2024
- Procedural Posture
- Criminal Petition / Ruling on Interim Application
- Outcome
- interim orders declined; application dismissed at interim stage
- Judges
- JN Njagi
- Legal Topics
- Contempt of Court, Service of Process, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moa Community
Applicant
Dokota Barisa
Applicant
Shariff Omar
Applicant
Daniel Okumu
Respondent
Asst County Commissiner (Lamu)
Respondent
PS Ministry of Interior
Respondent
Attorney General
Respondent
Procedural Posture
Criminal Petition / Ruling on Interim Application
Legal Issues
- 1 Whether the applicants have demonstrated sufficient grounds for grant of interim orders restraining the 1st respondent from performing duties of Assistant Chief of Moa Sub-location.
- 2 Whether proper service of the application was effected on the 3rd and 4th respondents to justify contempt proceedings.
- 3 Whether the Principal Secretary, Ministry of Interior, was properly identified and served for purposes of the application.
Ratio Decidendi
The court declined to grant the interim orders sought by the applicants on the basis that, although there was evidence of service on the Ministry of Interior and the Attorney General, the Principal Secretary, Ministry of Interior, was not specifically named or identified in the application. The court emphasized that for contempt proceedings and interim relief to be considered, the party against whom such orders are sought must be clearly identified and properly served. The absence of a named Principal Secretary in the application rendered the service insufficient for the purposes of the orders sought. Consequently, the application for interim orders was dismissed.
Court Disposition
interim orders declined; application dismissed at interim stage
Orders
- The interim orders sought by the applicants are declined.
- No orders as to costs at this stage.
Full Case Text
Judgment text and source record
32 paragraphs
Moa Community & 2 others v Okumu & 3 others (Criminal Petition E010 of 2024) [2025] KEHC 8117 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8117 (KLR)
Republic of Kenya
In the High Court at Garsen
Criminal Petition E010 of 2024
JN Njagi, J
June 3, 2025
Between
Moa Community
1st Petitioner
Dokota Barisa
2nd Petitioner
Shariff Omar
3rd Petitioner
and
Daniel Okumu
1st Respondent
Asst County Commissiner (Lamu)
2nd Respondent
PS Ministry of Interior
3rd Respondent
Attorney General
4th Respondent
Ruling
1. The applicant herein have filed a Notice of Motion application dated 26th March 2025 seeking for orders that:1. Spent2. That this Honourable court do issue a Notice to show cause on why contempt of court proceedings should not be commenced again at the 3rd and 4th Respondents , that is the principal secretary Ministry of Interior and Co-ordination of national Government and the Attorney General respectively.3. That in the interim, pending the hearing of this application inter parties, this Honourable court be pleased to grant an order restraining the first respondent from taking further functions or performing any duties of the office of the Assistant Chief of Moa Sub-location or any manner whatsoever exercise the powers, responsibilities, salaries, or privileges associated with the said office.4. That the County Commissioner, supervise and ensure compliance with the order 3 issued herein.
2. The application is supported by the affidavit of Dokota Barisa, the 2nd Applicant herein.
3. The application is also supported by affidavit of service of one Haggai Ochieng sworn on 22nd April 2025 wherein he deposes that he served the said application on the Ministry of Interior and Co-ordination of National Government and Harambee House 9th floor on the 22nd April 2025 is hereby the same was received and stamped.
4. The respondents did not file response to the application after service. Counsel for the applicants in the meantime seeking interim prayers No. 3 and 4 pending.
5. I have considered the application. Though the process server in his affidavit of service sworn on 22nd April 2025 says that he served the application and documents on the 3rd and 4th Respondents i.e the Ministry of Interior and Co-ordination of National government and the Attorney General, I have perused the documents and seen stamped copy evidencing service of the application alluded to have been served.
6. The above notwithstanding, the Principal Secretary, Ministry of Interior and Co-Ordination of national government said to have been served with the application is not mentioned by name in the application.
7. In view of the above, the orders sought in the interim are hereby declined.
DELIVERED, DATED AND SIGNED AT GARSEN THIS 3RD DAY OF JUNE 2025J. N. NJAGIJUDGEIn the presence of:Miss Ekiru HR for Miss Waswa for AGMr. Abdullahi Dido for PetitionersCourt Assistant: Ndonye