Environment and Land Miscellaneous Application E080 of 2022

Case Metadata
Case Number:	Environment and Land Miscellaneous Application E080 of 2022
Parties:	M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party)
Date Delivered:	27 Jul 2023
Case Class:
Court:	Environment and Land Court at Nairobi
Case Action:	Ruling
Judge(s):	Lucy Ngima Mbugua
Citation:	M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19157 (KLR) (27 July 2023) (Ruling)
Advocates:	Chawla for Respondent, Ambala for Applicants
Court Division:	Environment and Land
County:	Nairobi
Advocates:	Chawla for Respondent, Ambala for Applicants
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party)

Date Delivered:

27 Jul 2023

Case Class:

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19157 (KLR) (27 July 2023) (Ruling)

Advocates:

Chawla for Respondent, Ambala for Applicants

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Chawla for Respondent, Ambala for Applicants

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19157 (KLR) (27 July 2023) (Ruling)

Neutral citation: [2023] KEELC 19157 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Miscellaneous Application E080 of 2022

LN Mbugua, J

July 27, 2023

Between

Ian Gonji M’mboga

1^st Applicant

Megeria Kibuchi Mageria

2^nd Applicant

and

Benjamin Kimeria Kagumba

Respondent

and

Autogari Kenya Limited

Intended Interested Party

Ruling

1.I find that the contemnor was found in contempt of court way back on 27.10.2022, that is also the date when a notice to show cause was issued as to why he should not be punished for contempt.

2.The proceedings on the Notice to Show Cause eventually proceeded on 5.7.2023 and both the contemnor and his advocate addressed the court on the issue.

3.Today’s date was reserved for the ruling on the Notice toShow Cause proceedings; basically, the sentencing aspect.

4.For the application allegedly filed on 13.7.2023, the court has not given directions on the same. Thus the issue of considering documents filed by the contemnor in response to that application does not arise.

5.On the Court of Appeal matter; the issues there in are in the domain of that Court. I will say no more on the matter before the court of Appeal.

6.In the circumstances, the court will proceed to deliver its ruling.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27^TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Chawla for RespondentAmbala for the two ApplicantsContemnorCourt Assistant: Eddel

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