'1. There was a contempt application filed on May 5, 2025.
2. It was canvassed before this court.
3. A ruling was issued on October 9, 2025, with the following terms:
“According to the record, the parties were scheduled to conduct a joint survey on December 5th, 2024, to resolve the case. However, the mediator noted that each party had filed or possessed survey maps with registration of new titles instead.
That at this point, although the plaintiff and the 2nd to 3rd defendant allege non-service of the orders, they were aware of the orders in place.
At this point, I believe it will be relevant to issue a Notice to Show Cause to the 1st to 4th defendants, explaining their reasons and why they proceeded with registrations despite being aware that the orders were in place.
The application succeeds in issuing NTSC to the 2nd to 4th defendants to explain their roles in registering the suit properties, while court orders, which stated the halt of the exercise, were in effect before any further directions from this court.”
4. On November 20, 2025, all officers involved from the 2nd to the 4th Defendants appeared with their lead counsel, Madam Waswa. They swore affidavits, which I believe mainly serve to address the contempt. The 4th Defendant was reported not to have received any records for registration purposes.
5. Since then, the lease intended to be registered has been countermanded. I trust the officers concerned have effectively addressed the contempt, and this court will not proceed further. Instead, it will focus on resolving the case, and the officers will remain discharged. However, they are reminded to stay vigilant in the future and to respect court orders when they are in place for the sake of the Rule of Law.
6. That, without contradiction, the 4th Respondent should not register the impugned leases until further orders of this court.
7. Returning to the suit, the court reckons this matter was under mediation and near completion when the issue of conflicting registration came up. All parties were to conduct a joint survey that could effectively resolve the matter.
8. Directions should now be provided on how to proceed with the matter further.
9. Costs in the cause.
Dated, signed, and delivered electronically in Malindi on the 1st day of December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Asiyo holding brief for Mr. Nzai for the Plaintiff
Ms Osino for the 1st Defendant
Ms. Waswa for the 3rd to 4th Defendants (with officers summoned from the departments in attendance)
Happy: Court Assistant
'
2. It was canvassed before this court.
3. A ruling was issued on October 9, 2025, with the following terms:
“According to the record, the parties were scheduled to conduct a joint survey on December 5th, 2024, to resolve the case. However, the mediator noted that each party had filed or possessed survey maps with registration of new titles instead.
That at this point, although the plaintiff and the 2nd to 3rd defendant allege non-service of the orders, they were aware of the orders in place.
At this point, I believe it will be relevant to issue a Notice to Show Cause to the 1st to 4th defendants, explaining their reasons and why they proceeded with registrations despite being aware that the orders were in place.
The application succeeds in issuing NTSC to the 2nd to 4th defendants to explain their roles in registering the suit properties, while court orders, which stated the halt of the exercise, were in effect before any further directions from this court.”
4. On November 20, 2025, all officers involved from the 2nd to the 4th Defendants appeared with their lead counsel, Madam Waswa. They swore affidavits, which I believe mainly serve to address the contempt. The 4th Defendant was reported not to have received any records for registration purposes.
5. Since then, the lease intended to be registered has been countermanded. I trust the officers concerned have effectively addressed the contempt, and this court will not proceed further. Instead, it will focus on resolving the case, and the officers will remain discharged. However, they are reminded to stay vigilant in the future and to respect court orders when they are in place for the sake of the Rule of Law.
6. That, without contradiction, the 4th Respondent should not register the impugned leases until further orders of this court.
7. Returning to the suit, the court reckons this matter was under mediation and near completion when the issue of conflicting registration came up. All parties were to conduct a joint survey that could effectively resolve the matter.
8. Directions should now be provided on how to proceed with the matter further.
9. Costs in the cause.
Dated, signed, and delivered electronically in Malindi on the 1st day of December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Asiyo holding brief for Mr. Nzai for the Plaintiff
Ms Osino for the 1st Defendant
Ms. Waswa for the 3rd to 4th Defendants (with officers summoned from the departments in attendance)
Happy: Court Assistant
'