Estehr Nyagutii Maina v Rachel Wanjiku Kamara & another [2020] KEELC 2998

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT ELDORET MISCELLENEOUS APPLICATION NO. 56 OF 2019 ESTEHR NYAGUTII MAINA….………………………………....PLAINTIFF VERSUS RACHEL WANJIKU KAMARA…………….…………….1ST DEFENDANT JAMES GITHINJI KAMARA………………....…….……2ND DEFENDANT RULING This ruling is in respect of a notice of a preliminary objection by the respondent/applicant dated 4 th January 2020 on the grounds that this court does not have jurisdiction to hear and determine this matter. Counsel for the applicant relied on the provisions of section 10(3) and section 25 of the Magistrates court Act No 26 of 2015 and urged the court to dismiss the suit with costs to the respondents. Counsel for the applicant/respondent submitted that section 10 (3) of the Magistrates court Act simply states that civil disobedience of court orders constitutes contempt but does not provide how the person in contempt or disobedience will be punished. Counsel therefore submitted that the power to punish contempt of court is vested in the High court thus the court has jurisdiction to do so. Mr. Miyienda urged the court to dismiss the preliminary objection with costs. ANALYSIS AND DETERMINATION This is a preliminary objection by the respondent on the grounds that the court lacks jurisdiction to hear and determine this matter pursuant to section 10(3) and section 25 of the Magistrates’ Court Act No. 26 of 2015. The issue for determination is whether this court has jurisdiction to determine the application by the applicant and whether the same meets the threshold for preliminary objections. The respondent filed a notice for preliminary objection and filed submissions in support of the PO. The Magistrates’ Courts Act, 2015 came into force on 2 nd January 2016 which gives the magistrate’s courts unlimited jurisdiction to punish for contempt. Section 10 of the said Act specifically provide:- “(1) Subject to the provisions of any other law, the Court shall have power to punish for contempt. (2) A person who, in the face of the Court(a) assaults, threatens, intimidates, or insults a magistrate, court administrator, judicial officer, or a witness, during a sitting or attendance in Court, or in going to or returning from the Court; (b) interrupts or obstructs the proceedings of the Court; or (c) Without lawful excuse disobeys an order or direction of the Court in the course of the hearing of a proceeding, commits an offence (3) In the case of civil proceedings, the willful disobedience of any judgment, decree, direction, order, or other process of a court or

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