Vulu v Ndolo & 5 others (Environment and Land Case 3 of 2018) [2025] KEELC 18691 (KLR) (31 July 2025) (Ruling) Neutral citation: [2025] KEELC 18691 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MAKUENI ENVIRONMENT AND LAND CASE 3 OF 2018 EO OBAGA, J JULY 31, 2025 BETWEEN THERESIA KATUKU VULU .................................................................... PLAINTIFF AND KAVATA MUENDO NDOLO .......................................................... 1ST DEFENDANT MUENI MUTUNDU ....................................................................... 2ND DEFENDANT MUTUKU MUENDO ...................................................................... 3RD DEFENDANT KANINI MUENDO ......................................................................... 4TH DEFENDANT NDANU MUENO ............................................................................ 5TH DEFENDANT NDAMBUKI MUENDO .................................................................. 6TH DEFENDANT RULING 1. This is a ruling in respect of a Notice of Motion dated 3rd June, 2025 in which the Plainti/Applicant seeks the following orders: 1. This application be certied urgent and heard on priority basis. 2. The Respondents herein be jointly cited for contempt of court for disobedience of the court judgment delivered on 15th day of December, 2023 by Hon. T. Murigi. 3. The honourable court be pleased to grant an order directing the Ocer Commanding Station (OCS) Kitise Police Station to forcefully evict the Respondents herein with immediate eect from the Applicant’s property being land parcel title No. Makueni/Kimundi/3986. 4. The honourable court be pleased to grant a permanent injunction order restraining the Respondents by themselves, servants or agents from trespassing, wasting, disposing, https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18691/eng@2025-07-31 1
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constructing, alienating or otherwise interfering or dealing with the Applicant’s property being land parcel title No. Makueni/Kimundi/3986. 5. The Applicant be awarded costs of this application. 6. Any other relieve that this honourable court may deem t and just to grant. 2. The Applicant had obtained an exparte judgment against the Defendants/Respondents on 29th April, 2020 for among other orders eviction and injunction orders in relation to LR No. Makueni/ Kimundi/3986 (suit property). The exparte judgment was set aside on 28th May, 2021 to enable the Respondents to participate in the hearing. On 30th May, 2023, the hearing again proceeded exparte and a judgment against the Respondents was delivered on 15th December, 2023. 3. The Respondents who were ordered to be evicted from the suit property forthwith have refused to move out. The Applicant contends that despite repeatedly asking the Respondents to move out of the suit property, they have failed to do so. The Applicant states that she has sought the intervention of the local administration but the Respondents have refused to vacate from the suit property. 4. The Applicant states that the Respondents have failed to move out of the suit property and have not led any appeal against the judgment of 15th December, 2023. It is on this basis that the Applicant is seeking to have the Respondents punished for contempt of the orders which were granted in the judgment of 15th December, 2023. 5. The Respondents opposed the Applicant’s application based on a replying adavit sworn on 28th July, 2025. The Respondents contend that they have occupied parcel number Makueni/Kimundi/1201 which is registered under the name of Kavata Muendo Ndolo who is their grandmother who died and should not have been sued. They state that they have contacted the Land Registrar Makueni who has conrmed that the suit property is non-existent and therefore the title held by the Applicant is a fraudulent title. 6. The Respondents state that they cannot be evicted from parcel number Makueni/Kimundi/1201 which is not subject of the proceedings herein. They accuse the Applicant of taking advantage of them as they did not have a lawyer. They further state that the Applicant is using trickery to try to evict them from land which is quite dierent from the one being claimed by the Applicant. 7. This is an application for contempt and the court must be satised that the Applicant has met the threshold for one to be convicted of contempt. I notice that during delivery of judgment on 15th December, 2023, there was no attendance on the part of the parties. The Applicant was by then represented by Munyasya & Co. Advocates who were not present. The Respondents were also not present. 8. The present advocates for the Applicant led a notice of change of advocates on 26th May, 2025. There was no consent to take over the matter from Munyasya & Co. Advocates or sanction of the court to take over this matter post judgment as required under Order 9 Rule 9 of the Civil Procedure Rules. The decree which was extracted was neither dated nor signed as required. 9. The present advocate for the Applicant applied for a copy of the judgment on 28th May, 2025. There is no evidence whether the judgment and or decree had been served upon the Respondents prior to the ling of the application for contempt. There being no evidence service of the decree arising from the judgment of 15th December, 2023, there is no way the Respondents can be guilty of contempt of what was unknown to them. There was no evidence to show that there was even an attempt to enforce the decree. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18691/eng@2025-07-31 2
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10. The Applicant is asking for an injunction. There is already an injunction in favour of the Applicant in the judgment. It will be superuous for this court to again issue another injunction. Eviction is carried out by a court baili or a licensed auctioneer. The Applicant has not done that. The police only provide security during eviction. They do not carry out eviction on their own. I therefore nd that the Applicant’s application is devoid of merit. The same is dismissed with costs to the Respondents. It is so ordered. …………………………… HON. E. O. OBAGA JUDGE RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 31ST DAY OF JULY, 2025. In the presnce of: Mr. Makau for Applicant. Court assistant – Steve Musyoki https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18691/eng@2025-07-31 3
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