Krop & 3 others v County Commander West Pokot County & 34 others [2025] KEELC 1164 (KLR)

Krop & 3 others v County Commander West Pokot County & 34 others (Environment & Land Case 118 of 2013 & 93 of 2018 (Consolidated)) [2025] KEELC 1164 (KLR) (12 March 2025) (Ruling)

Neutral citation: [2025] KEELC 1164 (KLR)

Republic of Kenya

In the Environment and Land Court at Kitale

Environment & Land Case 118 of 2013 & 93 of 2018 (Consolidated)

CK Nzili, J

March 12, 2025

Between

Vincent Narisa Krop

1st Applicant

Cox Patrick Nasira

2nd Applicant

Chemutuken Palee Loukotum

3rd Applicant

Jane Narisa Chepotum Edhio

4th Applicant

and

County Commander West Pokot County

1st Respondent

Martin Semero

2nd Respondent

Kamzee Limakou

3rd Respondent

Samson Kapchonge

4th Respondent

Samuel Alukureng

5th Respondent

Wilson Alukureng

6th Respondent

Alias Alukureng

7th Respondent

Andrew Poghisho

8th Respondent

Reuben Sharti

9th Respondent

Jackson Kanawai Sharti

10th Respondent

Philip Sharti

11th Respondent

Stephen Kakuko Chelopei

12th Respondent

Stephen Kakuko Chelopei

13th Respondent

Christopher Sharti

14th Respondent

Jeremiah Sharti

15th Respondent

Daniel Timothy Kenyenya Sharti

16th Respondent

Richard Soprin

17th Respondent

Karitor Psiren Losiangole

18th Respondent

Richard Losiangole

19th Respondent

Michael Lopeitodo

20th Respondent

Solomon Tirir Siri

21st Respondent

John Limangole Lopeitodo

22nd Respondent

Cheptangat Lokeris

23rd Respondent

Teresa Peter Lokichu

24th Respondent

Elizabeth Limunan

25th Respondent

Dakta Wakanu

26th Respondent

Geoffrey Yeko Lopotio

27th Respondent

Powon Lonyang

28th Respondent

Daniel Merikenei

29th Respondent

Jacob Liman

30th Respondent

Jackson Limani

31st Respondent

Isaac Kotit

32nd Respondent

Joakim Alemusia

33rd Respondent

Joakim Alemusia

34th Respondent

Cheparkong Domonyang

35th Respondent

Ruling

1. On 26/2/2025, the court directed the 1st respondent, who was represented by Senior Superintendent of Police Joseph Yatan to collect and serve summons upon the 13 respondents to appear before this court today. The said Senior Superintendent of Police Yatan Joseph appeared today with no evidence that he effected service upon the named persons. Instead of providing an affidavit of service or returning the copies served or unserved, he blames his current Police Commander for non-action. One of the summons issued was against the County Police Commander, West Pokot County. At the very least, Senior Superintendent of Police Joseph Yatan, could have been expected to show evidence that he served the same upon the 1st respondent. Court orders are not made in vain.

2. Mr. Mwaniki Advocate for the decree holders submits that the casual manner in which the 1st respondent has been acting since issuance of the decree and an order for eviction five and two years ago is an affront to the administration of justice. The court is asked to flex its muscles and find the officer guilty of contempt of court.

3. The court has observed the demeanor of the Senior Superintendent of Police Joseph Yatan. He seems not to be taking court orders seriously. It is either he served or he did not serve the court summons. The burden was placed on him to effect the service and bring the citees before the court. The statutory duty is bestowed on him to obey lawful court orders. He cannot therefore turn around and blame his immediate supervisor for inaction.

4. The upshot is I find him guilty of contempt of court. He is fined a suspended fine of Kshs.50,000/= in default to serve 14 days civil jail to take effect. The witness summons to issue to the County Police Commander, West Pokot County, Issa Mamur, be served by the Regional Police Commander, Nakuru, to attend court in person on 18/3/2025.

5. Similarly, warrants of arrest shall issue against all the named citees, to be effected by Senior Superintendent of Police Joseph Yatan, for it is apparent that they were aware of today’s date, otherwise they could not have sent a lawyer to represent them.

RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 12TH DAY OF MARCH 2025. In the presence of:Court Assistant - LabanMr. Mwaniki for the Decree Holders present1st Respondent presentHON. C.K. NZILIJUDGE, ELC KITALE.