The applicant herein filed a Notice of Motion dated 6/5/2025 under certificate of urgency seeking orders that the respondents be cited for contempt of court for disobedience of the BPRT orders dated 25/4/2025 and consequently be committed to civil jail for six months. Secondly, that the OCS Msambweni police station be summoned to this cause to show cause why he should not personally be punished for contempt of court by aiding and abetting the respondents to perpetrate the contempt. Thirdly, that the respondents be compelled to compensate the Tenant/Applicant for the losses incurred from 1/5/2025 to the date of the application. Fourth that the County Commander, Kwale County be directed to oversee the enforcement of the orders dated 25/4/2025 and to take the necessary measures to ensure that the respondents tenant/applicant’s occupation of the premises.
The grounds in support of the application as laid out on the face thereof are that the applicants filed a reference and a notice of motion application at the BPRT against the respondents claiming a defective notice to terminate tenancy. The BPRT issued orders restraining the respondents from interfering with the applicant’s occupation of the premises in question. The said order was served upon the respondents and the Msambweni OCS on 25/4/2025 and 30/4/2025 respectively. However, the respondents proceeded to lock the premises and blocked the applicant from accessing the same. The applicant blames the OCS, Msambweni for doing nothing to enforce the court’s orders. He therefore claims that the conduct of the respondents and the OCS amount to contempt of court.
The application was supported by the affidavit of Collins Gambo, advocate sworn on 6/5/2025 and supplementary sworn on 7/5/2025 where he reiterated the grounds as paid out above.
When the mater came up for directions on the hearing of the application on 9/7/2025, learned counsel for the applicant informed the court that the respondents had since complied with the court orders and so the applicant wished to withdraw the application and suit entirely. The applicant had since filed a notice of withdrawal in court.
Learned counsel for the respondents agreed that they had been served with the notice of withdrawal and asked that they be awarded costs of the application.
The court found that respondents were not disputing that they complied with the court orders giving rise to these proceedings after the suit/application herein was filed.
The court exercising its discretion ordered that the suit be marked as withdrawn with no orders for costs.
Orders accordingly.
Dated, signed and delivered on the virtual platform, Teams this 9th day of July 2025.
Before:
Gambo for the applicant.
Ms Wakio Holding brief for Nyariki for the respondent.
The grounds in support of the application as laid out on the face thereof are that the applicants filed a reference and a notice of motion application at the BPRT against the respondents claiming a defective notice to terminate tenancy. The BPRT issued orders restraining the respondents from interfering with the applicant’s occupation of the premises in question. The said order was served upon the respondents and the Msambweni OCS on 25/4/2025 and 30/4/2025 respectively. However, the respondents proceeded to lock the premises and blocked the applicant from accessing the same. The applicant blames the OCS, Msambweni for doing nothing to enforce the court’s orders. He therefore claims that the conduct of the respondents and the OCS amount to contempt of court.
The application was supported by the affidavit of Collins Gambo, advocate sworn on 6/5/2025 and supplementary sworn on 7/5/2025 where he reiterated the grounds as paid out above.
When the mater came up for directions on the hearing of the application on 9/7/2025, learned counsel for the applicant informed the court that the respondents had since complied with the court orders and so the applicant wished to withdraw the application and suit entirely. The applicant had since filed a notice of withdrawal in court.
Learned counsel for the respondents agreed that they had been served with the notice of withdrawal and asked that they be awarded costs of the application.
The court found that respondents were not disputing that they complied with the court orders giving rise to these proceedings after the suit/application herein was filed.
The court exercising its discretion ordered that the suit be marked as withdrawn with no orders for costs.
Orders accordingly.
Dated, signed and delivered on the virtual platform, Teams this 9th day of July 2025.
Before:
Gambo for the applicant.
Ms Wakio Holding brief for Nyariki for the respondent.