Karanja v Mukunya & 2 others [2022] KEELC 13692 (KLR)

Karanja v Mukunya & 2 others (Environment & Land Case 1289 of 2014) [2022] KEELC 13692 (KLR) (18 October 2022) (Ruling)

Neutral citation: [2022] KEELC 13692 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 1289 of 2014

LN Mbugua, J

October 18, 2022

Between

Joseph Kabugi Karanja

Plaintiff

and

Benson Mugo Mukunya

1st Defendant

Joyce Wambui Langat

2nd Defendant

Milka Kanene Ndung’u

3rd Defendant

Ruling

1. This ruling relates to the notice to show cause as to why the defendants should not be punished for contempt of court. The defendants herein were found to be in contempt of court orders of May 20, 2019 vide a ruling delivered by this court on November 10, 2021. No appeal (not any I know of ) was ever lodged against the said ruling, while the application for review of the said ruling was dismissed on February 23, 2022.

2. The affidavit filed by the 1st respondent dated June 2, 2022 in response to the notice to show cause is an attempt to re-litigate the issues raised in the ruling of November 10, 2021. I find that there is not the slightest move to comply with the orders given on May 20, 2019 in which the parties had entered into a consent judgment of December 4, 2018. Thus the said orders of May 20, 2019 remain in force to date.

3. In the case ofHadkinson vs Hadkinsan [1952] All ER their Lordship Justices Somervell and Romer held that:“It was the unqualified obligation of every person against, or in respect of whom, an order had been made by court of competent jurisdiction, to obey it unless and until that order(s) was discharged.”

4. The consent order and the subsequent ruling of November 10, 2021 have never been discharged. In the circumstances I find that the reasons given by the 1st defendant in response to the notice to show cause are not merited. The 1st defendant is found guilty of contempt and shall be sentenced accordingly in tandem with the provisions of section 30 of the Environment and Land Court Act.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ongeri for the PlaintiffWangai for 1st Defendant1st Defendant presentSala holding brief for Mr. Muriithi for the 1st Interested PartyAgwata for 2nd & 3rd Interested PartiesCourt assistant: Eddel