'1. The application dated September 19, 2025, seeks to have the directors and the manager of the plaintiff company summoned to this court to show cause why they cannot be committed to civil jail for contempt of several court orders issued by this court, particularly those issued on July 27, 2023.
2. The applicant asserts that the orders have been contravened and that the respondents have once again obstructed the access road, which this court previously directed to be opened in ELCA NO. 33 of 2023.
3. The applicant has provided photographic evidence showing the blockage of the specified access road.
4. Conversely, the respondent argues that the application lacks utility because there are no current orders on record; the orders issued by the lower court on May 10, 2023, expired after two weeks, and the orders issued by this court expired once the appeal in ELCA NO. 33 of 2023 was resolved, which occurred on September 19, 2024.
5. The respondent additionally asserts that, even if an order existed—which is denied—the plaintiff has not obstructed the disputed access road. The road in question remains accessible, as evidenced by the current photographs confirming this fact.
6. I possess two conflicting accounts regarding whether the access road is closed.
7. In pursuit of this objective, without initially examining the existence of court orders or the status of the closure of the aforementioned access road, I hereby direct the Deputy Registrar to conduct an inspection of the suit premises and ascertain whether the access road is indeed closed as alleged.
8. The Deputy Registrar of this court shall file the report within the next two weeks.
Dated, signed, and delivered virtually at Malindi on this 16th day of 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Nyongesa, for the Plaintiffs
Mr. Otara, for the 1st and 2nd Defendant
Ms. Ekiru, for the 3rd, 4th and 5th Defendants
Happy: Court Assistant
'
2. The applicant asserts that the orders have been contravened and that the respondents have once again obstructed the access road, which this court previously directed to be opened in ELCA NO. 33 of 2023.
3. The applicant has provided photographic evidence showing the blockage of the specified access road.
4. Conversely, the respondent argues that the application lacks utility because there are no current orders on record; the orders issued by the lower court on May 10, 2023, expired after two weeks, and the orders issued by this court expired once the appeal in ELCA NO. 33 of 2023 was resolved, which occurred on September 19, 2024.
5. The respondent additionally asserts that, even if an order existed—which is denied—the plaintiff has not obstructed the disputed access road. The road in question remains accessible, as evidenced by the current photographs confirming this fact.
6. I possess two conflicting accounts regarding whether the access road is closed.
7. In pursuit of this objective, without initially examining the existence of court orders or the status of the closure of the aforementioned access road, I hereby direct the Deputy Registrar to conduct an inspection of the suit premises and ascertain whether the access road is indeed closed as alleged.
8. The Deputy Registrar of this court shall file the report within the next two weeks.
Dated, signed, and delivered virtually at Malindi on this 16th day of 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Nyongesa, for the Plaintiffs
Mr. Otara, for the 1st and 2nd Defendant
Ms. Ekiru, for the 3rd, 4th and 5th Defendants
Happy: Court Assistant
'