[2015] KEHC 3853 (KLR)
The court found that the defendant admitted to using and ploughing the land in question despite a clear injunction order prohibiting such actions. The court emphasized that obedience to court orders is fundamental to the rule of law and that any party aggrieved by an order must seek redress through proper legal...
Source-derived case information.
- Citation
- [2015] KEHC 3853 (KLR)
- Parties
- Plaintiff: Veronicah Kimoi Kimitei; Defendant: Barnard K Kemboi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 64 of 2014
- Procedural Posture
- Contempt Application / Ruling on Application for Contempt of Court
- Outcome
- Application for contempt allowed. Defendant committed to civil jail for six months unless he purges his contempt.
- Judges
- MA Silau
- Legal Topics
- Contempt of Court, Injunction Orders, Enforcement of Court Orders, Land Possession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronicah Kimoi Kimitei
Plaintiff
Barnard K Kemboi
Defendant
Procedural Posture
Contempt Application / Ruling on Application for Contempt of Court
Legal Issues
- 1 Whether the defendant disobeyed the court's order of injunction.
- 2 Whether the defendant should be punished for contempt of court for disobeying the injunction order.
Ratio Decidendi
The court found that the defendant admitted to using and ploughing the land in question despite a clear injunction order prohibiting such actions. The court emphasized that obedience to court orders is fundamental to the rule of law and that any party aggrieved by an order must seek redress through proper legal channels rather than resorting to self-help or disobedience. The defendant's lack of remorse and failure to demonstrate willingness to comply with the order further justified the imposition of a custodial sentence. Accordingly, the court exercised its authority under Order 40 Rule 3 of the Civil Procedure Rules to punish the defendant for contempt by ordering his detention for six...
Court Disposition
Application for contempt allowed. Defendant committed to civil jail for six months unless he purges his contempt.
Orders
- The defendant/respondent is ordered to be detained for six months unless he purges his contempt.
- The defendant/respondent to be escorted to the cells to commence his term as ordered.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
ELC NO 64 OF 2014
VERONICAH KIMOI KIMITEI..................................PLAINTIFF
VERSUS
BARNARD K KEMBOI..........................................DEFENDANT
RULING
(Application for contempt; defendant jailed for 6 months for disobedience of order of injunction).
1. The application before me is brought under order 40 Rule 3 of the Civil Procedure Rules. It seeks to have the defendant/respondent punished for disobeying an order of injunction. The application is opposed.
2. It is not in contention that this court (Waithaka L. J) did issue an order of injunction on 8th April 2014. In his replying affidavit, the respondent has deposed that he has been in possession of the land since 1997 and therefore the terms of the order are not clear. He has actually admitted in his affidavit that he is using the land and has ploughed it. In essence the respondent is actually admitting to disobeying the court order.
3. It cannot be overemphasized that court orders must be obeyed. If anyone needs an explanation or is aggrieved by an order, the remedy is not to disobey the order. I on my part will not condone lawlessness or any blatant disregard of court orders.
4. Order 40 Rule 3 does give the court authority to punish for disobedience. Such person may be detained in prison for upto 6 months .
5. It has been said that the defendant is a first offender. That is so but he has not shown nor demonstrated any remorse, nor has he showed willingness to further comply with the order herein. I have no sympathy for him and order his detention for 6 months unless he purges his contempt.
6. The defendant/respondent is present in court and I order that we be escorted to the cells to start his term as ordered.
Dated, signed and delivered in open court at Nakuru this 14th day of May 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of: -
Mr Kipkenei present for plaintiff/applicant
Ms Apolot holding brief for Mr Simiyu for defendant/respondent
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU