[2016] KEHC 2827 (KLR)
The court did not make a final determination on the contempt application. Instead, it adopted the parties' consent that the petitioner be granted 14 days to file a replying affidavit to the application for contempt, and that both parties file written submissions thereafter. The court emphasized the need for...
Source-derived case information.
- Citation
- [2016] KEHC 2827 (KLR)
- Parties
- Petitioner: Silas Kinyua M'Mweti; Respondent: The District Land Adj. & Settlement Officer, Igembe District; Respondent: The Director, Land Adjudication and Settlement; Respondent: The Demarcation Officer Akirangondu 'A' Adjudication Section; Interested Party: M'Mujuri Thirange & 20 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 7 of 2010
- Procedural Posture
- Contempt Application / Ruling on Interlocutory Application and Adoption of Consent Order
- Outcome
- Consent adopted; directions given for further filings; no final orders on contempt at this stage.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Status Quo Orders, Land Adjudication, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kinyua M'Mweti
Petitioner
The District Land Adj. & Settlement Officer, Igembe District
Respondent
The Director, Land Adjudication and Settlement
Respondent
The Demarcation Officer Akirangondu 'A' Adjudication Section
Respondent
M'Mujuri Thirange & 20 Others
Interested Party
Procedural Posture
Contempt Application / Ruling on Interlocutory Application and Adoption of Consent Order
Legal Issues
- 1 Whether the petitioner violated the consent order of status quo issued on 1st December, 2010.
- 2 Whether the petitioner should be held in contempt of court for alleged violation of court orders.
- 3 Whether the application for contempt should be determined or parties should be allowed to file further affidavits and submissions.
Ratio Decidendi
The court did not make a final determination on the contempt application. Instead, it adopted the parties' consent that the petitioner be granted 14 days to file a replying affidavit to the application for contempt, and that both parties file written submissions thereafter. The court emphasized the need for procedural fairness and allowed the parties to ventilate their positions before any substantive orders on contempt could be made. Costs were ordered to be in the cause.
Court Disposition
Consent adopted; directions given for further filings; no final orders on contempt at this stage.
Orders
- The petitioner is granted 14 days to file a replying affidavit to the application dated 27th July, 2016.
- Upon filing of the replying affidavit, parties to file written submissions within 14 days each, applicant to start.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 7 OF 2010
SILAS KINYUA M'MWETI...................................................................................PETITIONER
VERSUS
THE DISTRICT LAND ADJ. & SETTLEMENT OFFICER
IGEMBE DISTRICT.......................................................................................1ST RESPONDENT
THE DIRECTOR, LAND ADJUDICATION AND SETTLEMENT …...2ND RESPONDENT
THE DEMARCATION OFFICER AKIRANGONDU ”A”
ADJUDICATION SECTION........................................................................3RD RESPONDENT
AND
M'MUJURI THIRANGE & 20 OTHERS...........................................INTERESTED PARTIES
R U L I N G
1) This application is dated 27/07/2016 and seeks orders:-
(1)THAT the Honourable Court shall be pleased to certify this Application of utmost urgency and to hear it on priority basis and Exparte and in the first instance.
(2) THAT the Petitioners herein above be held in contempt of Court for violating the consent orders of status quo as recorded on the 1st December, 2010 before this Honourable Court.
(3) THAT this Honourable Court be pleased to commit the Petitioner SILAS KINYUA M' MWETI to civil jail for a term not exceeding 6 months for being in contempt of Court orders.
(4) THAT the cost be provided for.
2) The application is supported by the Affidavit of GEOFFREY MANYORE and has the following grounds.
(1) THATthe application for orders of temporary Injunction pending the hearing and determination of the suit dated 18th November, 2010 was disposed off vide a consent order dated 1st December, 2010 wherein the parties were ordered to maintain status quo.
(2) THATthe Petitioner has trespassed into the interested parties parcels of land in total disregard of a Court order dated 1st December, 2010.
(3) THATthe Petitioner has started construction of a stone house on the portion of land number 4125 within Akirangondu “A” Adjudication Section registered in the name of Geoffrey Manyore.
(4) THATconstruction of a stone house when there are orders of status quo is extremely arrogant of the petitioners and the same should be halted until the petition is heard and determined.
(5)THATthe acts of the Petitioner despited a consent order can only be construed as contentious in the circumstances.
(6) THATthe Petitioner being party to the Court orders recorded by consent had no reason whatsoever to go back on his promise and interfere with the rights of the interested parties and its clear he disregarded the Court orders.
(7) THATit is in the interest of justice that this Honourable Court holds the petitioner in contempt as a contrary finding will mean he benefits from a blatant violation of Court orders.
(8)THATthe applicant interested parties have suffered and continued to suffer harm that Court orders were meant to stop.
(9) THATCourt orders should not be issued in vain.
3) On 30/08/2016, the parties proffered a Consent for adoption as an order of the Court. The Consent was in the following terms:-
By Consent:
1. The Petitioner/Respondent is hereby granted 14 days to file a Replying Affidavit to the Application dated 27th July, 2016.
2. That upon filing of the Replying Affidavit, the parties filed their Written Submissions to the aforestated application within 14 days each with the Applicant starting.
4) The Consent dated 30/08/2016 is adopted as an order of this Court.
5) Costs shall be in the cause.
6) It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 3OTH DAY OF AUGUST, 2016 IN THE PRESENCE OF:-
CC: Lilian /Daniel
Miss Mutinda for the Interested Parties
Mutembei h/b Miss Ungu for the Petitioner
Kimathi for the Respondent
P.M. NJOROGE
JUDGE