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Boniface Odero Simani v Herman Shibiti & 3 others [2019] KEELC 2003 (KLR)

[2019] KEELC 2003 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2003
Citation
[2019] KEELC 2003 (KLR)
Decided
9 August 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramKLR Ndolo
Holding

The plaintiff disobeyed the court order and is in contempt of court.

Facts

The plaintiff, Boniface Odero Simani, disobeyed a court order prohibiting him from interfering with the 2nd defendant's possession of the suit land Eldoret Municipality Block 21 (King’ong’o)/4697. The plaintiff and his associates destroyed structures on the land.

Issues

  1. Whether the plaintiff disobeyed a court order
  2. Whether the plaintiff was aware of the court order

Reasoning

The evidence shows that the plaintiff sent men to destroy the 2nd defendant's structures, which were demolished. The court found the plaintiff's statement regarding the destruction to be credible.

Outcome

The plaintiff is committed to jail.

Orders

  • The plaintiff is committed to jail.
  • Robert Onduko Omenge and Paul Mwangi of Saddabri Auctioneers are committed to jail.

Authorities cited

Cases cited (2)
  • Econet wireless Kenya Limited Vs minister for information & Communication of Kenya & Another
  • Teachers Service Commission Vs Kenya National Union of Teachers & 2 others (2013)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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