Zipporah Nkoyai Henry v James Kaberia M'itwamwari,Land Adj. Officer, Tigania E & W Districts & Attorney General [2016] KEHC 5868 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

PETITION NO. 2 OF 2012

ZIPPORAH NKOYAI HENRY.............................................PETITIONER /APPLICANT

VERSUS

JAMES KABERIA M'ITWAMWARI..............................................1ST RESPONDENT

THE LAND ADJ. OFFICER, TIGANIA E & W DISTRICTS.........2ND RESPONDENT

ATTORNEY GENERAL …................................................................3RD DEFENDANT

R U L I N G

This application is stated as having been brought under Articles 48,159 and 165  of the Constitution of Kenya , Order 40 Rule 3(1) (2) and (3) of the Civil Procedure Rules, 2010 and Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act, (Cap 21). It is dated 29/03/2016 and seeks the following orders:-

THATthe application be certified urgent and it be heard ex-parte in the first instance.

THATthe Officer Commanding Mikinduri Police Station  be empowered and authorized to enforce the order of status quo made herein vide a ruling delivered on 18. 02. 2014, by ensuring that the 1st respondent, JAMES KABERIA M'ITWAMWARI and anybody else acting at his behest, direction  or instruction, do not enter  into and/or  interfere in any way, with the Petitioner's/Applicant's ZIPPORAH NKOYAI HENRY'S  quiet exclusive and actual cultivation, user and enjoyment  of land P/Nos. 1458, measuring about 3. 36 acres and 8206, measuring about 3. 15 acres, both situated in Antuamburi Adjudication Section.

THATan order be issued, for arrest and detention in prison and/or for payment of a fine, against the 1st respondent, for disobedience of the order of status quo vide the ruling of 18. 02. 2014.

THATcosts of the application  be proved  (sic) for.

The application is supported  by the affidavit of ZIPPORAH NKOYAI HENRY and has the following grounds:-

THAT the 1st respondent and his agents have continuously disobeyed the said status quo order.

THATthe 1st respondent has all along been acutely aware of existence of the said order.

THATthe 1st respondent and his agents  harvested  the applicant's maize and beans on the suit land.

THATthe 1st respondent and his agents have vowed to forcibly evict the applicant from the suit land.

At this exparte stage, I find it necessary to grant prayer 2 which is meant  to implement an order of this Court.  In the circumstances prayer 2 is granted.

Regarding prayer 3, the applicant is directed to personally serve the alleged contemnor, James Kaberia M'Itwamwari with this application.  His Advocate should also be served.

I direct that the application  be heard interpartes  on 19/4/2016.

It is so ordered.

Delivered in Open Court at Meru this 31st day of March, 2016 in the presence of:-

CC: Lilian

Carlpeters Mbaabu for the Applicant

P.M. NJOROGE

JUDGE