Peter K Gitahi & Ndungu Mugoya v Akuisi Farmers Co. Ltd & John Kagai [2019] KEELC 1919 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT NAKURU

ELC NO 288 OF 2012

PETER K GITAHI.....................................1ST PLAINTIFF

NDUNGU MUGOYA................................2ND PLAINTIFF

VERSUS

AKUISI FARMERS CO. LTD...............1ST DEFENDANT

JOHN KAGAI........................................2ND DEFENDANT

RULING

(Application for contempt; judgment being given in favour of the plaintiffs; defendants failing to comply with the judgment despite being served; 2nd defendant held to be in contempt and warrant of arrest issued)

1. The application before me seeks orders that the 2nd defendant be committed to jail for contempt of court for disobeying the orders of this court issued on 14 July 2016.

2. By way of background, this suit was commenced through a plaint which was filed on 19 January 2012. The plaintiffs averred that they are members of Akuisi Farmers Company Limited, a land buying company, which purchased the land parcels LR No. 8943 and 8944, and LR No. 9949. They claimed that the directors have failed to allow members to ballot and have the land distributed to them. In the suit, they asked for orders that the defendants be ordered to hold a balloting exercise and allocate the land to the members. The suit was not defended and I entered judgment for the plaintiffs.

3. In this application, the plaintiffs complain that despite the decree being served upon the 2nd defendant, he has failed and/or refused to comply with the same.

4. The 2nd defendant despite being served with the application, has failed to respond to it. I have no reason to doubt the deposition of the applicants that they have served the decree and that the 2nd defendant has failed to abide by its terms. I therefore hold that the 2nd defendant is  in contempt of the judgment of this court.

5. I now issue a warrant of arrest of the said John Kagai so that he may be presented to this court for sentencing.

6. The 2nd defendant will bear the costs of this application.

7. Orders accordingly.

Dated, signed and delivered in open court at Nakuru 31st    day of July 2019.

JUSTICE MUNYAO SILA

ENVIRONMENT & LAND COURT AT NAKURU

In presence of :-

Mr.  Omenta for the applicants.

No appearance for the respondent.

Court Assistants- Nelima Janepher/Patrick Kemboi

JUSTICE MUNYAO SILA

ENVIRONMENT & LAND COURT AT NAKURU