2.It seeks orders:-1.Spent.2.The crux of the application is that it seeks inter-alia:(a)That this honorable court be pleased to find the Senior Assistant Chief Land Registrar one David Nyandoro and his Registrar, one Choka Beriata Andeyo, in flagrant and callous contempt of court for the deliberate/willful and mala fides disobedience of this honourable court’s mandatory orders dated 25th November 2021, issued on the 29th November 2021 and this honourable court’s decree issued on the 8th December 2021.(b)That the grant of prayer (2) above this honourable court be pleased to issue warrants of arrest for both the Senior Assistant Chief Land Registrar, one David Nyandoro and his Registrar, one Choka Berita Andeyo and the same be effected/enforced by the Directorate of Criminal Investigations (serious crimes) office(c)That this honourable court be pleased to commit the said Senior Assistant Chief Land Registrar, on David Nyandoro to Kamiti Maximum Prison, without an option of a fine, for a period of not less than (6) months or up until he purges his contempt.(d)That this honourable court be pleased to commit the Registrar, one Choka Berita Andeyo to Langata Women’s Prison, without an option of a fine for a period not less than six (6) months or up until she purges her contempt.(e)That upon the grant of prayer tow (2) above, this honourable court be pleased to issue an order deeming both the Senior Assistant Chief Land Registrar, one David Nyandoro and his registrar one Choka Berita Andeyo, as totally unfit and unsuitable to hold public office within the Republic of Kenya.(f)That the said Senior Assistant Chief Land Registrar, one David Nyandoro and his Registrar, one Choka Berita Andeyo, do personally and collectively meet the costs of this application.
3.The grounds are on the face of the application and are set out in paragraphs (a) to (i).
4.The Application is supported by the affidavit of Valentine Ajiembo Tebino, the Petitioner/Applicant herein, sworn on the 28th January 2022, a further affidavit sworn on the 27th March 2022 and a second further affidavit sworn on the 15th April 2022.
5.The Application is opposed. There is a replying affidavit sworn by Choka Berita Andeyo, a Land Registrar on the 21st March 2022.
6.There is also a replying affidavit sworn by David Nyandoro Nyambaso the Senior Assistant Chief Land Registrar on the 21st March 2022.
7.On the 28th March 2022, the court with the consent of parties directed that the notice of motion be canvassed by written submissions.
8.I have considered the notice of motion and the affidavits in support, I have also considered the responses thereto, the written submissions and the authorities cited. The issue for determination is whether this application is merited.
9.I have gone through the affidavits of Choka Berita Andeyo, the second alleged contemnor and David Nyandoro Nyambaso, the first alleged contemnor. Each of them state that they were not served with the decree emanating for the Judgment of this court dated 25th November 2021. That instead the decree was served on the legal clerk in the Legal Department and not on the office of the Chief Land Registrar.
10.The second alleged contemnor states that she has since been deployed to the National Geospatial Center, Survey of Kenya Ruaraka since 9th August 2021. That therefore she could not have had knowledge of the judgment and the decree.
13.I find that the Petitioner has failed to demonstrate the alleged contemnors had knowledge of the judgment dated 25th November 2021 and the decree emanating therefrom.
14.The Petitioner has also failed to demonstrate that the alleged contemnors willfully and deliberately disobeyed the orders of the court. In the case of Mburu Ndekei vs Ruth Njeri Mutema  eKLR the court held thus:-
15.I have gone through the replying affidavit together with annexures of David Nyandoro Nyambaso the Senior Assistant Chief, Land Registrar in particular paragraph 15 to 19. He raises weighty issues touching on the existence of Dagoretti/Riruta/T.738. These are serious issues which cannot be wished away.
16.It may be necessary for the Petitioner to pursue the issue in a civil litigation in order for this issues to be resolved. It is only then that evidence can be called as to the existence or not of Dagoretti/Riruta/T.738.
17.All in all, I find no merit in this application and the same is dismissed with no orders as to costs.
18.This court is not prevented from issuing summons to the Senior Assistant Chief Land Registrar, David Nyandoro Nyambaso, to shed light on whether the suit property the subject of the intended Registration exists.It is so ordered.