[2023] KEELC 17946 (KLR)
The court found that the 1st defendant, having failed to appear for notice to show cause proceedings and having made no effort to address the court either physically or virtually despite the availability of such means, was in contempt of court. The court determined that the only appropriate remedy was to issue a...
Source-derived case information.
- Citation
- [2023] KEELC 17946 (KLR)
- Parties
- Plaintiff: Mwangi Irungu Weru; Plaintiff: Assumptah Wanjiru Weru; Defendant: John Walker Makhanu Recha; Defendant: Chief Land Registrar; Defendant: Nairobi City County Government; Defendant: Attorney General; Interested Party: Absa Bank Kenya PLC
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E195 of 2022
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause and Contempt Proceedings
- Outcome
- Warrants of arrest issued against the 1st defendant for failure to appear for notice to show cause proceedings.
- Judges
- LN Mbugua
- Legal Topics
- Contempt of Court, Notice to Show Cause, Warrants of Arrest, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Irungu Weru
Plaintiff
Assumptah Wanjiru Weru
Plaintiff
John Walker Makhanu Recha
Defendant
Chief Land Registrar
Defendant
Nairobi City County Government
Defendant
Attorney General
Defendant
Absa Bank Kenya PLC
Interested Party
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause and Contempt Proceedings
Legal Issues
- 1 Whether the 1st defendant should be compelled to appear before the court for notice to show cause proceedings due to non-appearance.
- 2 Whether the court should issue a warrant of arrest against the 1st defendant for contempt of court.
Ratio Decidendi
The court found that the 1st defendant, having failed to appear for notice to show cause proceedings and having made no effort to address the court either physically or virtually despite the availability of such means, was in contempt of court. The court determined that the only appropriate remedy was to issue a warrant of arrest to compel the 1st defendant's attendance, emphasizing that litigants are expected to comply with court directives and utilize available technology to participate in proceedings. The absence was not justified, and the court exercised its coercive powers to uphold the integrity of its processes.
Court Disposition
Warrants of arrest issued against the 1st defendant for failure to appear for notice to show cause proceedings.
Orders
- Warrants of arrest to issue against the 1st defendant (John Walker Makhanu Recha) to be brought to court for notice to show cause.
Full Case Text
Judgment text and source record
28 paragraphs
Weru & another v Recha & 3 others; Absa Bank Kenya PLC (Interested Party) (Environment and Land Case Civil Suit E195 of 2022) [2023] KEELC 17946 (KLR) (7 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17946 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit E195 of 2022
LN Mbugua, J
June 7, 2023
Between
Mwangi Irungu Weru
1st Plaintiff
Assumptah Wanjiru Weru
2nd Plaintiff
and
John Walker Makhanu Recha
1st Defendant
Chief Land Registrar
2nd Defendant
Nairobi City County Government
3rd Defendant
Attorney General
4th Defendant
and
Absa Bank Kenya PLC
Interested Party
Ruling
1. This matter was coming up for notice to show cause proceedings as against the1st defendant. He has apparently travelled to South Africa for an assignment. At this age and era, it is noted that a litigant can address the court from any corner of the world, but the contemnor chose not to make an appearance physically or virtually.
2. To this end, I hereby issue warrants of arrest against the contemnor (1st defendant) to be brought to court for Notice to show cause.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JUNE, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the Presence of:Kamwera for plaintiffOtieno for 1st defendantMenge for 2nd & 4th DefendantsLamwenya for 3rd defendantCourt assistant: Kajuju