M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) [2023] KEELC 19157 (KLR)

M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19157 (KLR) (27 July 2023) (Ruling)

Neutral citation: [2023] KEELC 19157 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Miscellaneous Application E080 of 2022

LN Mbugua, J

July 27, 2023

Between

Ian Gonji M’mboga

1st Applicant

Megeria Kibuchi Mageria

2nd Applicant

and

Benjamin Kimeria Kagumba

Respondent

and

Autogari Kenya Limited

Intended Interested Party

Ruling

1. I find that the contemnor was found in contempt of court way back on 27. 10. 2022, that is also the date when a notice to show cause was issued as to why he should not be punished for contempt.

2. The proceedings on the Notice to Show Cause eventually proceeded on 5. 7.2023 and both the contemnor and his advocate addressed the court on the issue.

3. Today’s date was reserved for the ruling on the Notice toShow Cause proceedings; basically, the sentencing aspect.

4. For the application allegedly filed on 13. 7.2023, the court has not given directions on the same. Thus the issue of considering documents filed by the contemnor in response to that application does not arise.

5. On the Court of Appeal matter; the issues there in are in the domain of that Court. I will say no more on the matter before the court of Appeal.

6. In the circumstances, the court will proceed to deliver its ruling.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27THDAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Chawla for RespondentAmbala for the two ApplicantsContemnorCourt Assistant: Eddel