Caselaw

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT MILIMANI LAW COURTS ELC. CASE NO. 623 OF 2009 MOSES KINGATI WANGARI MICHAEL MWENDA MANYARA JOSEPH MUSYOKA WAMBUA ………………….PLAINTIFFS (Suing as The Secretary, Organizing Secretary & Member on their own behalf and on behalf of Githurai Mwihoti Settlement society) VERSUS JOSEPH THUGO MWAURA……..….……….1ST DEFENDANT DAVID KIARIE WAIYA………………...……...2ND DEFENDANT SILAS KINYANJUI KIMEMIA……….………..3RD DEFENDANT DINAH MUTHONI MBUGUA……….…….....4TH DEFENDANT DAVID GITAU MBUTHIA..……………………5TH DEFENDANT RULING Coming up before me for determination is the Notice of Motion dated 22nd February 2011 in which the 5th Defendant/Applicant seeks for orders that the Plaintiffs/Respondents namely Moses Kingati Wangari, Michael Mwenda Manyara and Joseph Musyoka Wambua be committed to civil jail for being in contempt of this court’s orders made on 4th November 2010 by Honourable Justice Mbogholi Msagha. The Application is premised on the grounds appearing on its face together with the Supporting Affidavit of June Koinange, a daughter to the 4th Defendant and a sister to the 5 th Defendant/Applicant. She averred that she has the 5th Defendant’s authority and permission to swear the Affidavit. She, however, did not annex that authority and she is not a party to this suit. It is clear to the court that the said June Koinange’s Supporting Affidavit cannot be relied on based on the fact that she not a party herein and has no authority to swear the same on behalf of the Applicant. On those grounds this Application must fail. The Application is therefore dismissed. Costs shall be in the cause. DELIVERED, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF SEPTEMBER 2017. MARY GITUMBI JUDGE