Land and Environment Court v Paskasio Mukunja Nkonga

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU LAND AND ENVIRONMENT COURT CIVIL CASE NO. 287 OF 2013 CECILIA GACHONGA MUKUNJA...............................1ST PLAINTIFF/APPLICANT JACOB MWENDA MUKUNJA......................................2ND PLAINTIFF/APPLICANT ZAVERIO KINOTI MUKUNJA......................................3RD PLAINTIFF/APPLICANT VERSUS PASKASIO MUKUNJA NKONGA...............................DEFENDANT/RESPONDENT RULING This application is dated 2nd December, 2014 and seeks orders that: a) This application be heard on priority basis and urgently. b) The Honourable Court be pleased to grant leave to the applicant to bring contempt proceedings against the respondent who has disobeyed lawful court orders. c) The Court do issue such further orders as may meet the ends of justice in this matter. d) Costs of this application be provided for. The application has the following grounds: (i) Leave of the court to bring contempt proceedings is mandatory. (ii) It is, therefore, imperative that the same be granted as a pre-requisite to an application for contempt. During directions on 16.9.2015, the applicant urged that the application be allowed. Mr. Leekona for the respondent asked the Court to give the matter another date for directions as he did not have the case file. I do opine that the application is merely procedural and if granted will not prejudice the respondent as he will have ample opportunity to be heard during the contempt proceedings. I, therefore, allow the application in terms of prayer b. The parties will obtain a date for directions from the registry after the substantive application for contempt proceeding is filed and responded to or in default of a response, the plaintiffs will be at liberty

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