[2005] KEHC 1819 (KLR)
The court declined to issue a warrant of arrest against the Commissioner for Lands at this stage, finding that the respondent had provided a reasonable explanation for the delay in compliance and that the commencement of a new financial year meant funds were now available. The court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2005] KEHC 1819 (KLR)
- Parties
- Applicant: Uasin Gishu Quarry Ltd; Respondent: Commissioner for Lands
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 100 of 2002
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement
- Outcome
- Application for warrant of arrest declined; extension of time granted for compliance.
- Legal Topics
- Enforcement of Court Orders, Contempt of Court, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uasin Gishu Quarry Ltd
Applicant
Commissioner for Lands
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement
Legal Issues
- 1 Whether the Commissioner for Lands should be subjected to a warrant of arrest for failure to comply with a court order.
- 2 Whether the explanation provided by the Commissioner for Lands justifies further time for compliance.
Ratio Decidendi
The court declined to issue a warrant of arrest against the Commissioner for Lands at this stage, finding that the respondent had provided a reasonable explanation for the delay in compliance and that the commencement of a new financial year meant funds were now available. The court exercised its discretion to grant the Commissioner a further 30 days to comply with the court order, emphasizing the importance of upholding court authority while also considering the respondent's efforts and circumstances.
Court Disposition
Application for warrant of arrest declined; extension of time granted for compliance.
Orders
- The Commissioner for Lands is granted 30 days to comply with the court order without failure.
- No warrant of arrest to issue at this stage.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU Misc Civil Appli 100 of 2002
UASIN GISHU QUARRY LTD…………………..…………….APPLICANT VERSUS COMMISSIONER FORLANDS……………………………..RESPONDENT
COURT From the record, it is apparent that the Commissioner of Lands has had more than a year to comply with the Order of the Court. Unfortunately that has not been done. The Commissioner of Lands has sent one of his senior officers who has given an explanation on what may have happened in the past. Since the Government has now started a fresh financial year, it means that funds are available to comply with the Order of the Court. Given the efforts that the Commissioner of Lands has made so far, I hereby decline to issue a warrant of arrest against her at this stage.
Be that as it may, the Commissioner of Lands is hereby granted 30 days to comply with the Court Order without any failure.
MUGA APONDI JUDGE 12TH JULY, 2005 Judgment written, read and delivered in open Court.