Mwangi v Mwangi & 4 others (Constitutional Petition E011 of 2024) [2025] KEHC 13107 (KLR) (7 March 2025) (Ruling) Neutral citation: [2025] KEHC 13107 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CONSTITUTIONAL PETITION E011 OF 2024 DO CHEPKWONY, J MARCH 7, 2025 BETWEEN JOHN KIHARA MWANGI ................................................................... PETITIONER AND JOSEPHINE WAIRIMU MWANGI .............................................. 1ST RESPONDENT OWEN THUO MWANGI ............................................................. 2ND RESPONDENT BARBRA EUNICE NGINA MWANGI ....................................... 3RD RESPONDENT GEORGE CHEGE MWANGI ........................................................ 4TH RESPONDENT BLOSSOM BLISS LIMITED ......................................................... 5TH RESPONDENT RULING 1. The Applicant herein moved the court through Notice of Motion application dated 2nd April, 2024 seeking various orders in respect to Blossom Bliss Limited, the 5th Respondent herein. On 11th April, 2024, the court considered the application and issued directions that the same be served upon the Respondent for interparties hearing on 2nd May, 2024. 2. When the matter came up for interparties hearing of the application on 2nd May, 2024, the 1st Respondent while acting in person asked the court to refer the matter for mediation given that this is a family dispute but the Applicant objected to this proposal and urged the court to determine the matter. 3. On the same day, the court issued directions that it would be in the interest of justice that the parties be heard on merit where each party would be given an opportunity to ventilate their respective issues for the court’s consideration and determination. The court then directed the parties to file their responses and submissions in respect to the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13107/eng@2025-03-07 1
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4. On 19th September, 2024, the Petitioner’s Counsel, Mr Munene informed the court that parties intended to enter into negotiations which the Respondent’s Counsel confirmed and the court granted the parties time to engage in negotiations. 5. On 24th February, 2025, the Applicant’s Counsel informed court that the negotiations had failed and he had subsequently filed submissions dated 9th September, 2024 for the court’s consideration. He further stated that he was opposed to court annexed mediation. On the other hand, the Respondent’s Counsel maintained that since the parties are family members there is a likelihood of reaching a settlement. He holds that the negotiations collapsed on account of the Applicant and has urged the court to direct that the matter proceeds by way of mediation. 6. Having heard the oral submissions advanced by the parties, and having issued directions on 2nd May, 2024 to the effect that the court ought to hear and determine the matter, the parties requested for a chance to attempt negotiations which have since failed and the Respondent’s Counsel is now seeking for mediation. 7. While under Article 159(2)(c) of the Constitution the courts are required to encourage mediations as part of the alternative dispute resolution mechanisms in this case, it is clear that even though the parties herein are family members the negotiations have failed. 8. For this reason, the Court finds that it would be prudent to proceed with the hearing and determination of the application and therefore it proceeds to issue directions upon confirming from the parties and court on status of the matter with regard to filing of pleadings It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF MARCH 2025. D. O. CHEPKWONY JUDGE In the presence of: Mr. Munene Njuguna counsel for the Petitioner No appearance for and by Respondent Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13107/eng@2025-03-07 2
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