Moa Community & 2 others v Okumu & 3 others [2025] KEHC 8117 (KLR)

Moa Community & 2 others v Okumu & 3 others (Criminal Petition E010 of 2024) [2025] KEHC 8117 (KLR) (3 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8117 (KLR)

Republic of Kenya

In the High Court at Garsen

Criminal Petition E010 of 2024

JN Njagi, J

June 3, 2025

Between

Moa Community

1st Petitioner

Dokota Barisa

2nd Petitioner

Shariff Omar

3rd Petitioner

and

Daniel Okumu

1st Respondent

Asst County Commissiner (Lamu)

2nd Respondent

PS Ministry of Interior

3rd Respondent

Attorney General

4th Respondent

Ruling

1. The applicant herein have filed a Notice of Motion application dated 26th March 2025 seeking for orders that:1. Spent2. That this Honourable court do issue a Notice to show cause on why contempt of court proceedings should not be commenced again at the 3rd and 4th Respondents , that is the principal secretary Ministry of Interior and Co-ordination of national Government and the Attorney General respectively.3. That in the interim, pending the hearing of this application inter parties, this Honourable court be pleased to grant an order restraining the first respondent from taking further functions or performing any duties of the office of the Assistant Chief of Moa Sub-location or any manner whatsoever exercise the powers, responsibilities, salaries, or privileges associated with the said office.4. That the County Commissioner, supervise and ensure compliance with the order 3 issued herein.

2. The application is supported by the affidavit of Dokota Barisa, the 2nd Applicant herein.

3. The application is also supported by affidavit of service of one Haggai Ochieng sworn on 22nd April 2025 wherein he deposes that he served the said application on the Ministry of Interior and Co-ordination of National Government and Harambee House 9th floor on the 22nd April 2025 is hereby the same was received and stamped.

4. The respondents did not file response to the application after service. Counsel for the applicants in the meantime seeking interim prayers No. 3 and 4 pending.

5. I have considered the application. Though the process server in his affidavit of service sworn on 22nd April 2025 says that he served the application and documents on the 3rd and 4th Respondents i.e the Ministry of Interior and Co-ordination of National government and the Attorney General, I have perused the documents and seen stamped copy evidencing service of the application alluded to have been served.

6. The above notwithstanding, the Principal Secretary, Ministry of Interior and Co-Ordination of national government said to have been served with the application is not mentioned by name in the application.

7. In view of the above, the orders sought in the interim are hereby declined.

DELIVERED, DATED AND SIGNED AT GARSEN THIS 3RD DAY OF JUNE 2025J. N. NJAGIJUDGEIn the presence of:Miss Ekiru HR for Miss Waswa for AGMr. Abdullahi Dido for PetitionersCourt Assistant: Ndonye