[2011] KEHC 957 (KLR)
The court found that the applicant had demonstrated an arguable case for contempt, as there was evidence that the injunctive orders issued on 6/10/2009 had been served on the respondents, and that the respondents had failed to comply with those orders by continuing to subdivide the land and settle unauthorized...
Source-derived case information.
- Citation
- [2011] KEHC 957 (KLR)
- Parties
- Plaintiff: Moses Gachoki Kamwea; Defendant: Kirinyaga County Council
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 71 of 2006
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- leave to commence contempt proceedings granted
- Legal Topics
- Contempt of Court, Injunctive Orders, Land Subdivision Disputes, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Gachoki Kamwea
Plaintiff
Kirinyaga County Council
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to commence contempt of court proceedings against the clerk to the County Council of Kirinyaga for alleged disobedience of court orders.
- 2 Whether the respondents were properly served and failed to respond to the application for contempt proceedings.
Ratio Decidendi
The court found that the applicant had demonstrated an arguable case for contempt, as there was evidence that the injunctive orders issued on 6/10/2009 had been served on the respondents, and that the respondents had failed to comply with those orders by continuing to subdivide the land and settle unauthorized persons. The respondents did not file any response or appear in court despite being served with hearing notices. The court was satisfied that the requirements for granting leave to commence contempt proceedings had been met, and therefore granted the leave sought by the applicant.
Court Disposition
leave to commence contempt proceedings granted
Orders
- Leave is granted to the applicant to commence contempt of court proceedings against J.K. Arithi, the clerk to the County Council of Kirinyaga, as sought in the Notice of Motion dated 9/2/2011.
- The contempt proceedings should be filed within 21 days from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL CASE NO. 71 OF 2006
MOSES GACHOKI KAMWEA....................................................................................PLAINTIFF
VERSUS
KIRINYAGA COUNTY COUNCIL............................................................................DEFENDANT
R U L I N G
This is the Application dated 9th February 2010 filed by way of Notice of Motion. It’s brought under Section 5(1) of the Judicature Act.
The Applicant seeks leave to commence proceedings against J.K. Arithi the clerk to Council, County Council of Kirinyaga, the 1st Respondent herein for contempt of court. The Application is supported by the sworn affidavit of George Njeru. He says this honourable court on 6/10/2009 gave orders to the effect that
“The County Council of Kirinyaga, the clerk to the County Council of Kirinyaga, the Chairman of the said Council, their employees, Servants, agents or anybody acting under their instructions and/or directions were restrained from subdividing land parcel No.NGARIAMA/LOWER NGARIAMA/431 and/or causing unauthorized persons to settle or occupy and/or use the said land pending the implementation of the Judgment in this case. And that the Kirinyaga County Council and its clerk J.K. Arithi have continued to blatantly violate and/or disobey the said order by
1)Continuing to settle strangers on the suit land.
2)Publicly inviting people to ballot for plots in the suit land
3)Continuing to subdivide the land”.
Annexture GN 2 confirms that.
I have confirmed that the Hon. Justice Wanjiru Karanja issued injunctive orders on 6/10/2009 against the County Council of Kirinyaga the clerk etc. The Respondents though served have not filed any Replying Affidavit and neither did they appear on 15/11/2011 inspite of having been served with the hearing notices. The Applicants have satisfied me that they have an arguable case. I therefore grant the leave sought vide the Notice of Motion dated 9/2/2011. The same should be filed within 21 days.
DATED, SIGNED AND DELIVERED AT EMBU THIS 18th DAY OF NOVEMBER 2011.
H.I. ONG’UDI
J U D G E