Marima & 2 others v Purko Development & 4 others [2024] KEHC 14688 (KLR)

Marima & 2 others v Purko Development & 4 others (Civil Suit E005 of 2024) [2024] KEHC 14688 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14688 (KLR)

Republic of Kenya

In the High Court at Narok

Civil Suit E005 of 2024

F Gikonyo, J

November 25, 2024

Between

Eunice Saoina Marima

1st Plaintiff

Piaro Ole Norpoor

2nd Plaintiff

Mike Ole Marima

3rd Plaintiff

and

Purko Development

1st Defendant

Chairman Purko Development Trust

2nd Defendant

Seleila Ole Mwanik

3rd Defendant

The Government Narok County

4th Defendant

Narok North Member of Parliament

5th Defendant

Ruling

1. The court has given directions on the two Applications. The 2nd application seeks to stop an AGM which Mr. Dikir says took place and conducted elections for the Trust which had been stopped by the court.

2. The issues raised by Dikir are serious but will require full evaluation of facts and evidence as they border on contempt of court. Similarly, it appears the legal problem is mutating: whether this is legally accepted or breach of the court order herein, will also require full evaluation to appreciate its full tenor and consequences.

3. However, as Kiptoo stated that nothing is going on in the trust; it is hoped nothing will go on from today lest they will invite the wrath of the law upon themselves.

4. As election is the key issue, orders of status quo ante will have the effect of determining the applications before they are heard. Such would be one of the orders that the court may grant in form of a mandatory injunction should Mr. Dikir succeed in his client’s application.

5. Therefore, let things remain as they are at the moment: except the Respondents should not engage in anything untoward which will lead them into trouble with the law. The court will take serious view of any such breach.

6. Orders accordingly.

DATED, SIGNED, AND DELIVERED AT NAROK THROUGH TEAMS APPLICATION, THIS 25TH DAY OF NOVEMBER, 2024. ----------------------F. GIKONYO MJUDGEIn the presence of: -Otolo C/ADikir for Applicants - PresentKiptoo for 1st, 2nd & 3rd Respondents – PresentTuya & Ms. Njihia for Ms. Maritim for 4th Defendant – Present