keelc-2018-01907

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC CASE NO 60 OF 2017 FORMERLY MERU ELC CASE NO.139 OF 2016 CHARLES IGUNA NDUYO ................................................................ 1 ST PLAINTIFF KITHETU MUGAMBI ....................................................................... 2 ND PLAINTIFF AGNES KARIA MAKANYA .............................................................. 3 RD PLAINTIFF VERSUS GITURI PRIMARY SCHOOL (sued thro’ chairman, secretary & treasurer of school management committee) ......................................... DEFENDANT THE BOARD OF MANAGEMENT M.C.K. GITURI PRIMARY SCHOOL (thro’ the chairperson and secretary) ............................ INTERESTED PARTY/APPLICANT RULING 1. There are 2 applications in this file. The 1st one is dated 12th July, 2018 and is a contempt application to punish the defendants for disobedience of court orders. The 2nd one is dated 9th August, 2018 and seeks setting aside of this court’s judgment delivered on 28th day of March, 2018. 2. Mr. Murango Mwenda for the plaintiffs asked the court to hear the application for contempt proceedings first for 2 reasons: (a) The application was filed first and (b) An alleged contemnor should not seek favours or orders from the court whose orders he or she is disobeying. 3. Mr. Linus Ndungu, holding brief for Mr. Kimathi for the defendants / alleged contemnors told the court that Mr. Kimathi had not received any responses concerning the application dated 9th August, 2018 which seeks to have the judgment of this court delivered on 28th March, 2018 set aside. For that reason he told the court that he was not ready to proceed. He, however, asked the court to grant prayers 4 and 5 in the application. 4. Having considered all apposite circumstances, I find it necessary to have the application for contempt proceedings heard first. 5. It is ordered as follows: a) By consent, the application for contempt proceedings will be heard on 30 th October, 2018. b) The alleged contemnors, have all been informed by the court, to personally be in court on 30th October, 2018 and on all other days when matters concerning this application will be coming up in court. c) It is so ordered.

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