Kenya Assemblies of God v Njoroge [2024] KEELC 1138 (KLR)

Kenya Assemblies of God v Njoroge (Environment & Land Miscellaneous Case 1 of 2024) [2024] KEELC 1138 (KLR) (4 March 2024) (Ruling)

Neutral citation: [2024] KEELC 1138 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Miscellaneous Case 1 of 2024

PM Njoroge, J

March 4, 2024

Between

Kenya Assemblies Of God

Appellant

and

Antony Njoroge

Defendant

Ruling

1. This application is dated 25th day of January, 2024 and seeks orders that:1. That this application be certified as urgent and the same be heard Ex-Parte in the first instance.2. That summons be issued against the Respondent herein to appear before this Honourable Court and show cause why she could not be committed to civil jail for such term as the court may deem just for contempt of court and further disobedience of Court orders issued on 17th January, 2024 in Moyale ELC E007/2022 for 30 days stay of execution.3. That the Respondent herein be cited for contempt of court and be committed to civil jail for a term of six (6) months for disobedience of Court orders of the 17th January, 2024. 4.That the costs of his application be provided for.

2. The application is supported by the affidavit of Anthony Njoroge and by the grounds on its face.

3. This being an application for contempt orders, it was necessary to have it properly served upon the alleged contemnors. As the applicants have failed to do so, I am inclined to dismiss the application. The applicants have also refused or failed to present themselves in court.

4. In the circumstances, the following orders are hereby issued;a.This application is dismissed.b.I issued no orders as to costs.

DELIVERED IN OPEN COURT AT ISIOLO THIS 4TH DAY OF MARCH, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE