https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11891

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MURANG’A** **CONSTITUTIONAL AND HUMAN RIGHTS DIVISION** **PETITION NO.E011 OF 2026** **ZIPPORAH WAIRIMU ……………………………….…….1ST PETITIONER** **ISAAC KIMEMIA ………………………………………..….2ND PETITIONER** **VERSUS** **BRIAN NJUGUNA …………………………………………1ST RESPONDENT** **JOAN WAITHERA ………………………………………...2ND RESPONDENT** **CATHERINE WAIRIMU …….…………INTERESTED PARTY/APPLICANT** **RULING** 1. On 14th July, 2026 this matter came up for inter-partes hearing of the Notice of Motion application dated 15th June, 2026. However, the 2nd Petitioner was not in attendance, and it was pointed out by Counsel for the Applicant/Interested Party that despite having served the said application and court orders and direction upon the 2nd Petitioner/Respondent, no response had been filed. 2. The Applicant/Interested Party’s counsel then urged the court to find that the said application was unopposed and allow the same in the terms presented and on the grounds upon which the same is premised. 3. In considering the application, I have perused the record and confirm that the same was served upon the 2nd Petitioner/Respondent on 23rd June, 2026 alongside the certificate of urgency, supporting affidavit, annextures, court orders and directions issued on 18th June, 2026 as evidenced by the affidavit of service sworn on 25th June, 2026 by **ALICE KANINI WACHIRA**, a process server. 4. From the court orders issued on 18th June, 2026 application was meant to have been responded to and parties were then to attend court on 1st July, 2026 for purposes of taking direction on hearing of the same. And indeed, on 1st July, 2026 Counsel for the Applicant, **M/s Wangui Wangai** and 2nd Petitioner/Respondent attended court and it was noted that the 2nd Petitioner had not filed a response to the said application. Be that as it may, the court issued directions that the 2nd Petitioner files and serve the response within seven (7) days from the said date and set the inter-partes hearing of the application for 14th July, 2026. The court proceeded to include a default clause to the effect that failure to comply, with the 2nd directive and or orders, the application dated 15th July, 2026 would be deemed unopposed and allowed in the terms presented. 5. On 14th July, 2026, when the said application came up for hearing, it was noted that the 2nd Petitioner had not yet filed his response, a result of which counsel for the Applicant/Interested Party, **M/s Wangui Wangai** sought for the application to be allowed as prayed since it was unopposed. 6. A further perusal of the court record confirms that this court has confirmed that the directions and hearing date of the application were issued in the presence of the 2nd Petitioner, who has not filed a response or attended court to explain the non-compliance. 7. In the resultant, the court finds the Notice of Motion application dated 15th June, 2026 is unopposed and proceeds to invoke the default clause issued on 1st July, 2026. 8. Accordingly, the Notice of Motion application dated 15th June, 2026 is allowed in the following terms. **(a) The 2nd Petitioner/Respondent is hereby cited for contempt of court for willful disobedience of court orders issued on 12th day of March 2026.** **(b) A Notice is hereby issued upon the 2nd Petitioner/Respondent to attend Court and show cause why he should not be committed to civil jail within seven (7) days from the date of this ruling for deliberate disobedience of lawful court orders.** **(c) The Interested Party/Applicant herein is granted custody of the 1st Petitioner, CATHERINE WAIRIMU forthwith.** **(d) The Respondent herein whether by themselves, agents, servants, employees or any person acting under their authority be and are hereby restrained from:** **(i) Interfering with the 1st Petitioner’s Constitutional rights.** **(ii) Trespassing upon, alienating, disposing of, harassing, intimidating or otherwise interfering with the 1st Petitioner’s livelihood in any way or carrying out of further action in contravention with the court orders.** **(e) Mention on 30th July, 2026 for parties to confirm compliance of Order No.(b) herein and file further direction.** **(f) Costs shall be in the cause.** It is so ordered. **RULING DELIVERED THIS 22ND DAY OF JULY, 2026.** **HON. DORAH CHEPKWONY** **JUDGE**