Ogutu v Cabinet Secretary, Ministry Of Lands & Physical Planning & 9 others; Natembeya & 2 others (Third party) (Environment & Land Petition 7 of 2021) [2022] KEELC 3761 (KLR)

The Court had directed deposit of security for costs within seven days, later extended to May 24, 2022, failure to which the Application would stand dismissed. The orders were never stayed, varied or vacated. On their plain grammatical meaning, they took effect upon expiry of the stated time, and thus there was no application properly before the Court to determine on the merits.

The Court observed that a Petitioner cannot apply to enjoin third parties, that procedure being specific to Defendants or Respondents. Further, although six persons were listed as proposed Third Parties, only two were sought to be joined in prayer (b); the prayer to join the first had already been dismissed, and no prayer was ever made for the 4th to 6th, rendering the Application void and incurably defective.

The process server denounced the purported Affidavit of Service as not authored or signed by him. The Petitioner admitted on oath that he edited a previous affidavit and pasted a commissioner's stamp to fabricate the document, and admitted committing perjury. The Court found the conduct criminal in nature and left investigation to the relevant criminal investigation office.

Relying on a string of authorities including Econet Wireless and Wildlife Lodges, the Court held that the plain and unqualified obligation of every person affected by an order of a competent court is to obey it until it is discharged, even where the person believes it irregular or void, since orders are issued to safeguard the rule of law.