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ELCDismissedMiscellaneous Application (Notice of Motion dated 13th July, 2023)· [2025] KEELC 174 (KLR)

Zachary Mwangi Muriu v Archdiocese of Nyeri

Environment and Land Court
30 January 2025
1,376 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A landowner failed to lift court stay orders because he waited years without taking steps to move his own cases forward.

What this practically means

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Executive summary

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By a Notice of Motion dated 13th July, 2023, Zachary Mwangi Muriu, acting in person, sought two principal orders: first, that the court stay (vacate) the orders issued by Lady Justice M.C. Oundo sitting at Nyahururu on 17th December, 2019, which had stayed Nyeri CMELC Case No. 8 of 2019 pending determination of Nyeri ELC Petition No. 205 of 2014 and Nyeri ELC No. 119 of 2013 (OS); and second, an injunction restraining the Archdiocese of Nyeri from planting tea and coffee bushes, constructing dams and undertaking other activities allegedly contrary to conservatory orders issued on 5th November, 2014 in Petition No. 205 of 2014. The Applicant argued the Respondent had failed to prosecute the two superior court matters for over three years and was using the land contrary to the conservatory orders. The Respondent, through Mr. Mugambi Advocate, opposed the Motion as misconceived and an abuse of process, asserting the matters were still active and Petition No. 205 of 2014 had been listed for hearing on 19th December, 2023. The court found the obligation to prosecute the matters at the earliest was directed at both parties, and the Applicant had shown no steps of his own to fix the matters for hearing. On the injunction, the court noted the conservatory orders had been issued in favour of the Respondent and that any alleged breach should have been pursued by contempt proceedings in the relevant Petition. The Motion was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the stay orders of 17th December, 2019 should be vacated for the Respondent's alleged failure to prosecute the superior court suits

Holding

The application failed because the Applicant did not show he took any steps to fix the matters for hearing or have them dismissed for want of prosecution, while the Respondent showed Petition No. 205 of 2014 was listed for hearing on 19th December, 2023.

Reasoning

The court perused the orders of 17th December, 2019 and noted they required both parties to pursue determination of the suit and petition at the earliest. The Applicant blamed the Respondent for the delay but did not demonstrate any action of his own to fix the matters for hearing. The Respondent, by contrast, showed the Petition had been set down for further hearing on 19th December, 2023, proving it was not indolent.

p. 3
02

Whether the Respondent violated the conservatory orders issued on 5th November, 2014

Holding

No violation was established; the conservatory orders were issued in favour of the Respondent and against the Applicant, restraining the Respondent only from leasing, selling or dealing with specified plots, and the Applicant had not sought contempt proceedings.

Reasoning

The court set out the conservatory orders of 5th November, 2014 which restrained the Respondent from leasing, selling or dealing with plots 1356, 4166, 4167, 9463 and 9464 Nyeri pending determination of the application. The court found the orders were in favour of the Respondent as against the Applicant and could not see how the alleged activities violated them, observing the Applicant should have pursued contempt proceedings in the relevant Petition.

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Legal principles established

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  • Where an order requires parties to prosecute a suit and petition to finalization at the earliest, the obligation to prosecute is directed at both parties, and a party seeking to lift a stay for indolence must show it took steps to fix the matters for hearing or seek dismissal for want of prosecution.
  • Alleged violations of conservatory orders should be pursued through contempt proceedings in the petition in which the orders were issued.

Court orders

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  1. 1.The Notice of Motion dated 13th July, 2023 is dismissed with costs to the Respondent
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to review/stay its own orders (miscellaneous application; no specific provision cited)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Zachary Mwangi Muriu v Archdiocese of Nyeri", Case Analysis (2025). Miscellaneous Application (Notice of Motion dated 13th July, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/174/eng@2025-01-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.