Chumz Limited v Mageeta Investment Limited; Kivida, OCPD Dagoretti North & another

Chumz Limited v Mageeta Investment Limited; Kivida, OCPD Dagoretti North & another (Contemnor); Khan t/a Motor Atrep (Interested Party) (Environment & Land Case E362 of 2022) [2024] KEELC 13984 (KLR) (17 December 2024) (Ruling) Neutral citation: [2024] KEELC 13984 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E362 OF 2022 LN MBUGUA, J DECEMBER 17, 2024 BETWEEN CHUMZ LIMITED ..................................................................................... PLAINTIFF AND MAGEETA INVESTMENT LIMITED ................................................. DEFENDANT AND BONFACE KIVIDA, OCPD DAGORETTI NORTH ....................... CONTEMNOR AHMEDLATIF ABDI, OCS MUTHANGARI POLICE STATION . CONTEMNOR AND ADIL KHAN T/A MOTOR ATREP ...................................... INTERESTED PARTY RULING 1. Vide a ruling dated 19.9.2024, one Ashish Magon was found to be in contempt of the court orders of 20.4.2023, hence a Notice to Show Cause as to why he should not be punished for the said contempt was issued. This ruling relates to the notice to show cause proceedings. The contemnor has apparently voiced his arguments through his adavit dated 19.11.2024. He contends that he did not violate the court order. 2. I nd not the slightest move by the contemnor to purge the contempt. In the circumstances, the court will proceed to punish the contemnor accordingly. To this end, the court invokes the provisions of Section 29 of the Environment and Land Court Act which stipulates that; Any person who refuses, fails or neglects to obey an order or direction of the court given under this Act, commits an oence, and shall, on conviction, be liable to a ne not exceeding twenty million shillings or to imprisonment for a term not exceeding two years, or to both”. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13984/eng@2024-12-17 1

page 1 of 2