[2015] KEHC 4490 (KLR)
The court found that the defendant admitted to using and ploughing the land in question, which constituted a clear admission of disobeying the court's injunction order. The court emphasized that obedience to court orders is fundamental to the rule of law and that disobedience cannot be condoned. The defendant's...
Source-derived case information.
- Citation
- [2015] KEHC 4490 (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
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application for contempt allowed; defendant committed to civil jail for six months unless he purges contempt
- Judges
- MA Silau
- Legal Topics
- Injunction Orders, Contempt of Court, 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
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed a court order of injunction.
- 2 Whether the defendant should be punished for contempt of court.
Ratio Decidendi
The court found that the defendant admitted to using and ploughing the land in question, which constituted a clear admission of disobeying the court's injunction order. The court emphasized that obedience to court orders is fundamental to the rule of law and that disobedience cannot be condoned. The defendant's status as a first offender did not mitigate his contempt, especially in the absence of remorse or willingness to comply. Consequently, the court exercised its authority under Order 40 Rule 3 of the Civil Procedure Rules to order the defendant's detention for six months unless he purges his contempt.
Court Disposition
application for contempt allowed; defendant committed to civil jail for six months unless he purges contempt
Orders
- The defendant/respondent is ordered to be detained for six months unless he purges his contempt.
- The defendant/respondent is to be escorted to the cells to commence his term as ordered.
Full Case Text
Judgment text and source record
26 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
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 or 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. 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 or 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 or demonstrate any remorse nor had 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