Mr Matheka, learned counsel for the 1st Defendant makes an oral application that the Officer Commanding Bamburi Police Station do protect the status quo and pre-empt the petitioners from invading the property in dispute. He claims that there have been invasions by other people and therefore the need for the OCS to protect the status quo of the property. Mr Egunza learned counsel for the petitioners in response states that the application has been made from the “Bar”. A formal application for contempt should be made. A formal order for protection should be made if indeed there are invaders on the suit land. He submits that his clients are ordinary citizens they have complied with court order. Mr Ng’ang’a learned Counsel for the 7th respondent submits that he is an observer. Ms Kagoi. Learned Litigation Counsel, Ms Magdalene,Learned Counsel For The Nationnal Land Commission have no objection.
I have considered the application and do find that this court made an order granting an injunction against the petitioners restraining them from invading, trespassing, breaking and destroying the perimeter fence of the suit property. It is important that this order be obeyed by all parties for rule of law to prosper.
I do order the Officer Commanding Kiembeni Police Station to provide security to ensure that this order is obeyed. There be liberty to apply.
I have considered the application and do find that this court made an order granting an injunction against the petitioners restraining them from invading, trespassing, breaking and destroying the perimeter fence of the suit property. It is important that this order be obeyed by all parties for rule of law to prosper.
I do order the Officer Commanding Kiembeni Police Station to provide security to ensure that this order is obeyed. There be liberty to apply.