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JudgmentVERONICA SUM VS JOEL SAMOEI2 min read

VERONICA SUM VS JOEL SAMOEI

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The Defendant is present in court.
  2. From his testimony, he was aware of the order issued on 13th March, 2023.
  3. On further examination by the court, it is clear that he understood the directions issued in the said order.
  4. Nevertheless, the Defendant has admitted that he is still on the land despite the existence of these orders.
  5. To this effect, this court finds the Defendant in contempt of the orders issued on 13th March, 2025.
  6. Similarly, the Defendant filed an application dated 18th June, 2024 which sought to stay the ruling.
  7. However, the same was dismissed on 17th December, 2024 and the Defendant condemned to pay a sum of Kshs.300,000 for disobedience of the court order.
  8. As it stands now, the Defendant in contempt of the order issued on 13th March, 2023 and the orders issued on 17th December, 2024.
  9. This state of affair can not be left to continue.
  10. Orders of the court are not discretion to a party for compliance.
  11. Consequently, the Defendant is found guilty of contempt of the orders issued on 13th March, 2023 and 17th December, 2025.

Mitigation:

After the ruling of 13th March, 2023 we filed an application for stay dated 20th April, 2023.

However, we did not get a stay.

My client stayed in the land waiting for the ruling which was pronounced on 17th December, 2024.

The client is making arrangement to pay the fine.

Sentencing:

To begin with, there is no justification why the Defendant has failed to comply with the orders issued on 13th March, 2023 and 17th December, 2024.

Consequently, as regards the non-compliance of the orders issued on 13th March, 2023, the Defendant is hereby sentenced to six (6) months in prison and in the alternative a fine of Kshs.600,000/-.

On the issue of non-compliance of the orders issued on 17th December, 2024 which is the payment of Kshs.300,000/-, the Defendant is sentenced to three (3) months or in the alternative full payment of the said amount.

The Defendant has leave to appeal within 30 days from today’s date.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Gichana for the Plaintiff

Defendant: Mr Miyienda for the Defendant

    VERONICA SUM VS JOEL SAMOEI VERONICA SUM VS JOEL SAMOEI