Alice M. Nyaga v County Government of Tharaka Nithi & Phineas Njage Ndubi [2016] KEHC 4866 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC APPLICATION NO.11 OF 2011

ALICE M. NYAGA..........................................................................APPLICANT

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI....................1ST RESPONDENT

PHINEAS NJAGE NDUBI.......................................................2ND RESPONDENT

R U L I N G

On 27/02/2013, the parties in this suit proffered a consent which was adopted as an order of this Court. The Consent was in the following terms:-

The warrant of arrest issued against the first Respondent be and  is hereby stayed until further order.

The period of 30 days granted to the 1st respondent to excise road of access from land MWIMBI/CHOGORIA/905 (now 3502, 3503, 3504 and 3505) be extended further by 30 days from the date herein.

The Executive Officer of this Honourable Court be and is hereby authorized to execute all requisite documents for the creation of a road of access from land parcel MWIMBI/CHOGORIA/905 (now 3502, 3503, 3504 and  3505).

The District Surveyor Physical Planning officer and Land Registrar Meru South District be and are hereby empowered and mandated to create a road of access from the Land Parcel MWIMBI/CHOGORIA/905(now 3502,3503,3504 and 3505)

A certificate of Urgency dated 06/04/2016 seeking the  implementation of the order was heard on 19/04/2016. .

The concerned Government Officers indicated their readiness to implement the apposite Court Order.  The following orders are issued:-

The Consent adopted as an order of this Court be implemented forthwith.

As undertaken, the concerned Officers will implement the orders contained in the apposite Consent on 27/4/2016

The Officers, as they have indicated, to implement the concerned orders on 27/04/2016 and the Officers to make a report which will be delivered to Court by Mr. Kiongo on 03/05/2016.

Concerned parties or their Advocates may witness the implementation of the Court Orders, if they so wish, but nevertheless implementation  must take place on 27/04/2016.

The OCS Chogoria Police Station is ordered to provide security during the implementation of the apposite Court orders.

Directions on 03/05/2016.

DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF APRIL, 2016 IN THE PRESENCE OF:-

CC: Daniel/Lilian

M/S Kiome for the Plaintiff/Applicant

Kiongo for the alleged Contemnors

Edwin Kimathi h/b Gatari Ringera for 1st Respondent

Otieno C.  for 2nd Respondent

P.M. NJOROGE

JUDGE