Mary Wangui Njagi v Nancy Wanjira Njagi & 2 others [2021] KEELC 2409 (KLR)
- Court
- Environment & Land Court
- Case number
- 2409
- Citation
- [2021] KEELC 2409 (KLR)
- Decided
- 11 June 2021
The court found that the third respondent, Jane Wanjiru Njagi, had disobeyed a court order and ordered her to be detained in prison for a term not exceeding six months.
Facts
The applicant, Mary Wangui Njagi, sought an order for the third respondent, Jane Wanjiru Njagi, to be detained in prison for six months for disobeying a court order issued on September 18, 2020, which restrained the third respondent from interfering with the land parcel KABARE/GACHIGI/2380. The third respondent, Jane Wanjiru Njagi, argued that she was present in court when the order was pronounced and that she had not disobeyed the court order.
Issues
- Contempt of court
- Obeying court orders
Reasoning
The court applied the applicable English Law on contempt of court, as per the Judicature Act, to uphold the authority and dignity of the court. The court emphasized the importance of obeying court orders and the consequences of disobeying them.
Outcome
The third respondent, Jane Wanjiru Njagi, was ordered to be detained in prison for a term not exceeding six months.
Orders
- Detention of the third respondent in prison for a term not exceeding six months
Authorities cited
Legislation (2)
- Judicature Act
- Contempt of Court Act
Cases cited (3)
- Christine Wangari Gachege v Elizabeth Wanjiru Evans & 11 others (2014) e KLR
- Patrick Wanyonyi Munialo v County Executive Committee (2019) e KLR
- Shimmers Plaza Limited v National Bank of Kenya Ltd (2015) e KRL
Loading judgment…