FLORENCE CHELANGAT LANGAT V TIMOI FARMS AND ESTATES LIMITED & ANOTHER [2012] KEHC 686 (KLR)

REPUBLIC OF KENYA

High Court at Nakuru

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FLORENCE CHELANGAT LANGAT.............................................................PLAINTIFF

VERSUS

TIMOI FARMS AND ESTATES LIMITED...........................................1ST DEFENDANT

ISAYA KIPTONUI KIMEYWO............................................................2ND DEFENDANT

RULING

This Ruling relates to an application dated 28th August 2012 which seeks an order directing the OCS Olenguruone Police Station to provide security and assist the Defendants/Applicants re-enter the suit premises in compliance with the order of court made on 19th July 2012 and 31st July 2012.

It is a mark of all civilised societies that adhere to the Rule of Law (not the rule of men or women) that orders of court are obeyed unless they are varied or discharged.   The Plaintiff has disregarded all orders of court and has employed every subterfuge to disobey them.   That is evidence of disorder, in a society that believes and relies on the rule of law and is not acceptable among people and societies aspiring to industrialisation and better economic lives.

For those reasons and the reasons given in the Rulings aforesaid, and on account of the Plaintiff's/Respondents complete disregard of the orders of court, the Applicant's application dated 28th August, 2012 is allowed in terms of prayer 2(b) thereof.

The Applicants will also have the costs of the application.

There shall be orders accordingly.

Dated, signed and delivered at Nakuru this 2nd day of November, 2012

M.J. ANYARA EMUKULE

JUDGE