[2016] KEHC 5868 (KLR)
The court found that the applicant had established a prima facie case for enforcement of the status quo order, given the allegations of continued disobedience by the 1st respondent. To ensure the effectiveness of its previous orders and prevent further interference with the applicant's use and enjoyment of the suit...
Source-derived case information.
- Citation
- [2016] KEHC 5868 (KLR)
- Parties
- Applicant: Zipporah Nkoyai Henry; Respondent: James Kaberia M'Itwamwari; Respondent: The Land Adj. Officer, Tigania E & W Districts; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 2 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application (ex Parte)
- Outcome
- Prayer 2 of the application granted; other prayers deferred for inter partes hearing.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Status Quo Orders, Enforcement of Court Orders, Land Adjudication, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Nkoyai Henry
Applicant
James Kaberia M'Itwamwari
Respondent
The Land Adj. Officer, Tigania E & W Districts
Respondent
Attorney General
Defendant
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application (ex Parte)
Legal Issues
- 1 Whether the 1st respondent has disobeyed the court's status quo order regarding the suit land.
- 2 Whether the court should empower the police to enforce the status quo order.
- 3 Whether the 1st respondent should be arrested or fined for contempt of court.
Ratio Decidendi
The court found that the applicant had established a prima facie case for enforcement of the status quo order, given the allegations of continued disobedience by the 1st respondent. To ensure the effectiveness of its previous orders and prevent further interference with the applicant's use and enjoyment of the suit land, the court granted the prayer empowering the Officer Commanding Mikinduri Police Station to enforce the status quo order. The court declined to issue arrest or contempt sanctions at this ex parte stage, instead directing that the alleged contemnor be personally served and the matter be set for inter partes hearing. This approach balances the need for immediate protection...
Court Disposition
Prayer 2 of the application granted; other prayers deferred for inter partes hearing.
Orders
- The Officer Commanding Mikinduri Police Station is empowered and authorized to enforce the order of status quo made on 18.02.2014, ensuring that the 1st respondent and his agents do not interfere with the applicant's use and enjoyment of land parcels 1458 and 8206 in Antuamburi Adjudication Section.
- The applicant is directed to personally serve the alleged contemnor, James Kaberia M'Itwamwari, and his advocate with this application.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 2 OF 2012
ZIPPORAH NKOYAI HENRY.............................................PETITIONER /APPLICANT
VERSUS
JAMES KABERIA M'ITWAMWARI..............................................1ST RESPONDENT
THE LAND ADJ. OFFICER, TIGANIA E & W DISTRICTS.........2ND RESPONDENT
ATTORNEY GENERAL …................................................................3RD DEFENDANT
R U L I N G
This application is stated as having been brought under Articles 48,159 and 165 of the Constitution of Kenya , Order 40 Rule 3(1) (2) and (3) of the Civil Procedure Rules, 2010 and Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act, (Cap 21). It is dated 29/03/2016 and seeks the following orders:-
THATthe application be certified urgent and it be heard ex-parte in the first instance.
THATthe Officer Commanding Mikinduri Police Station be empowered and authorized to enforce the order of status quo made herein vide a ruling delivered on 18. 02. 2014, by ensuring that the 1st respondent, JAMES KABERIA M'ITWAMWARI and anybody else acting at his behest, direction or instruction, do not enter into and/or interfere in any way, with the Petitioner's/Applicant's ZIPPORAH NKOYAI HENRY'S quiet exclusive and actual cultivation, user and enjoyment of land P/Nos. 1458, measuring about 3. 36 acres and 8206, measuring about 3. 15 acres, both situated in Antuamburi Adjudication Section.
THATan order be issued, for arrest and detention in prison and/or for payment of a fine, against the 1st respondent, for disobedience of the order of status quo vide the ruling of 18. 02. 2014.
THATcosts of the application be proved (sic) for.
The application is supported by the affidavit of ZIPPORAH NKOYAI HENRY and has the following grounds:-
THAT the 1st respondent and his agents have continuously disobeyed the said status quo order.
THATthe 1st respondent has all along been acutely aware of existence of the said order.
THATthe 1st respondent and his agents harvested the applicant's maize and beans on the suit land.
THATthe 1st respondent and his agents have vowed to forcibly evict the applicant from the suit land.
At this exparte stage, I find it necessary to grant prayer 2 which is meant to implement an order of this Court. In the circumstances prayer 2 is granted.
Regarding prayer 3, the applicant is directed to personally serve the alleged contemnor, James Kaberia M'Itwamwari with this application. His Advocate should also be served.
I direct that the application be heard interpartes on 19/4/2016.
It is so ordered.
Delivered in Open Court at Meru this 31st day of March, 2016 in the presence of:-
CC: Lilian
Carlpeters Mbaabu for the Applicant
P.M. NJOROGE
JUDGE