Pacifica Moraa Kenyaga has come to court seeking orders that this Honorable Court be pleased to cite Jackson Memba Ongayo, Tobias Osano, Simon Kuria Ndung'u, Johana Kibilioch Kibet, Musa Toroitich Munanga and Isaiah Ouko, Simon Lelei and Kibet of contempt of Court Order given by Consent on 7th November, 2016 as the defendants and their goons have invaded the disputed parcel of land known as Plot No. 329 now described as Plot No.252 and destroyed the fence and stationed goons to ensure that the plaintiff and or her immediate family members do not cultivate the entire disputed parcel of land.
She prays that this Honorable Court do find that 2nd 3rd 4th 5th 6th, 7th and 8th Contemnors' led by Mr. Musa Toroitich Munanga and Isaiah Otieno Ouko are in contempt of court orders given on 7th November, 2016 by consent.
Moreover, that this Honorable court to pronounce appropriate punishment against the contemnors. The applicant seeks orders that the 1st, 2nd and 3rd 14th, 5th, 6th, 7th and 8th Defendants be denied audience until they purge their acts complained of.
The applicant seeks an order that the officer commanding Menengai West police Station do supervise the compliance of the orders given on 7th November, 2016 restraining the defendants herein/ Contemnors and [or any other third party from entering, occupying, ploughing and/or interfering in any manner with the disputed parcel of land pending the hearing and determination of this Application interparties and or any other court orders as may be given herein. Latly, that the costs of this Application be provided for.
The application is based on grounds that the Contemnors are disobeying Consent Orders entered by consent on 7th November, 2016 with impunity. The contemnors have armed themselves with crude weapons ready to attack and kill the applicant and her immediate family members in total disregard of clear orders given by this Honorable court. The contemnors are under a duty to comply with the orders of this Honorable court.
The acts of the Defendants/Contemnors are reducing this Honorable court to public ridicule. The cutting down of the Applicant's fence was done under the protection and supervision of the Area assistant Chief the 5th Contemnor.
The disobedience undermines the dignity and authority of the courts and the same ought to be punished for contempt of court. The Contemnors are acting in breach of the overriding objectives of the court which is obligates that all parties are bond to comply with the orders of the court.
The application is further supported by the affidavit of Pacifica Moraa Kenyaga wherein she states that the Contemnors herein have personally threatened her with unspecified consequences including her death and her immediate family members.
She is helpless as she watches her property being destroyed with impunity. On or about 1st February, 2025 the 1st -8th Defendants/ Contemnors while accompanied with goons invaded her parcel of land and cut down the fence. The Contemnors have vowed to ensure that she will have no peace and they have threatened to evict her and family by force.
The Contemnors were personally and are aware of the said Orders but they have ignored the same with impunity. The members of the public tried to assist her but they were overpowered and were chased away by the hired goons.
On or about 21st February, 2025 the 8th defendants Contemnors while accompanied with goons invaded her home and attacked her family members with an intention of demolishing her house. They were dispersed but vowed to return the soonest time possible. The respondent have not filed any reply.
I have considered the application and do find that nine years ago, an order was made in this matter that status quo be maintained. Parties were to comply with the Civil Procedure Rules 2010 and the matter was to be mentioned on 21st February 2017, the court did not give the time limit of status quo to be maintained but since it was by consent, it could only be set aside by another consent. This court finds that the order of status quo issued on 7th November 2016 has not lapsed and is binding hence should be obeyed. Court orders ought to be ta taken seriously and be obeyed otherwise no person will come to court for protection. Kenyans might have to take the law unto their hands if orders of the court are not respected and the court does not punish the contemnors.
The application therefore has basis in law and is allowed. The defendants each to serve a prison term of 30 days or to pay a fine of Ksh 100,000 for disobeying a court order, failure of which they will not be given audience by the court. The officer commanding Menengai West police Station do supervise the compliance of the orders given on 7th November, 2016 restraining the defendants herein/ Contemnors and [or any other third party from entering, occupying, ploughing and/or interfering in any manner with the disputed parcel of land.
The costs of this Application assessed at ksh 30,000 be borne by the defendants before the hearing of the suit. The matter is scheduled for hearing of the main suit on 30th June 2025
She prays that this Honorable Court do find that 2nd 3rd 4th 5th 6th, 7th and 8th Contemnors' led by Mr. Musa Toroitich Munanga and Isaiah Otieno Ouko are in contempt of court orders given on 7th November, 2016 by consent.
Moreover, that this Honorable court to pronounce appropriate punishment against the contemnors. The applicant seeks orders that the 1st, 2nd and 3rd 14th, 5th, 6th, 7th and 8th Defendants be denied audience until they purge their acts complained of.
The applicant seeks an order that the officer commanding Menengai West police Station do supervise the compliance of the orders given on 7th November, 2016 restraining the defendants herein/ Contemnors and [or any other third party from entering, occupying, ploughing and/or interfering in any manner with the disputed parcel of land pending the hearing and determination of this Application interparties and or any other court orders as may be given herein. Latly, that the costs of this Application be provided for.
The application is based on grounds that the Contemnors are disobeying Consent Orders entered by consent on 7th November, 2016 with impunity. The contemnors have armed themselves with crude weapons ready to attack and kill the applicant and her immediate family members in total disregard of clear orders given by this Honorable court. The contemnors are under a duty to comply with the orders of this Honorable court.
The acts of the Defendants/Contemnors are reducing this Honorable court to public ridicule. The cutting down of the Applicant's fence was done under the protection and supervision of the Area assistant Chief the 5th Contemnor.
The disobedience undermines the dignity and authority of the courts and the same ought to be punished for contempt of court. The Contemnors are acting in breach of the overriding objectives of the court which is obligates that all parties are bond to comply with the orders of the court.
The application is further supported by the affidavit of Pacifica Moraa Kenyaga wherein she states that the Contemnors herein have personally threatened her with unspecified consequences including her death and her immediate family members.
She is helpless as she watches her property being destroyed with impunity. On or about 1st February, 2025 the 1st -8th Defendants/ Contemnors while accompanied with goons invaded her parcel of land and cut down the fence. The Contemnors have vowed to ensure that she will have no peace and they have threatened to evict her and family by force.
The Contemnors were personally and are aware of the said Orders but they have ignored the same with impunity. The members of the public tried to assist her but they were overpowered and were chased away by the hired goons.
On or about 21st February, 2025 the 8th defendants Contemnors while accompanied with goons invaded her home and attacked her family members with an intention of demolishing her house. They were dispersed but vowed to return the soonest time possible. The respondent have not filed any reply.
I have considered the application and do find that nine years ago, an order was made in this matter that status quo be maintained. Parties were to comply with the Civil Procedure Rules 2010 and the matter was to be mentioned on 21st February 2017, the court did not give the time limit of status quo to be maintained but since it was by consent, it could only be set aside by another consent. This court finds that the order of status quo issued on 7th November 2016 has not lapsed and is binding hence should be obeyed. Court orders ought to be ta taken seriously and be obeyed otherwise no person will come to court for protection. Kenyans might have to take the law unto their hands if orders of the court are not respected and the court does not punish the contemnors.
The application therefore has basis in law and is allowed. The defendants each to serve a prison term of 30 days or to pay a fine of Ksh 100,000 for disobeying a court order, failure of which they will not be given audience by the court. The officer commanding Menengai West police Station do supervise the compliance of the orders given on 7th November, 2016 restraining the defendants herein/ Contemnors and [or any other third party from entering, occupying, ploughing and/or interfering in any manner with the disputed parcel of land.
The costs of this Application assessed at ksh 30,000 be borne by the defendants before the hearing of the suit. The matter is scheduled for hearing of the main suit on 30th June 2025