[2022] KEHC 14363 (KLR)
The court held that the applicant, having been found in contempt of court orders and having failed to either purge the contempt or appear personally as previously ordered, is not entitled to be heard on his application to strike out the notice to show cause. The court emphasized that its authority must be respected...
Source-derived case information.
- Citation
- [2022] KEHC 14363 (KLR)
- Parties
- Applicant: ADC; Respondent: DPN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 178 of 2014
- Procedural Posture
- Divorce Cause / Ruling on Application to Strike Out Notice to Show Cause for Contempt
- Outcome
- Application not heard; applicant barred from being heard until contempt is purged or personal appearance as ordered.
- Judges
- AO Muchelule
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Divorce Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ADC
Applicant
DPN
Respondent
Procedural Posture
Divorce Cause / Ruling on Application to Strike Out Notice to Show Cause for Contempt
Legal Issues
- 1 Whether the respondent/applicant can be heard on his application before purging contempt or appearing personally as previously ordered by the court.
- 2 Whether the notice to show cause dated February 21, 2020 should be struck out with costs.
Ratio Decidendi
The court held that the applicant, having been found in contempt of court orders and having failed to either purge the contempt or appear personally as previously ordered, is not entitled to be heard on his application to strike out the notice to show cause. The court emphasized that its authority must be respected and that parties who are in contempt cannot expect to benefit from the court's discretion until they comply with its orders. The pending appeal and the unsuccessful bid for stay of the contempt orders do not excuse the applicant's non-compliance. Therefore, the court declined to hear the application until the applicant purges the contempt or appears as ordered.
Court Disposition
Application not heard; applicant barred from being heard until contempt is purged or personal appearance as ordered.
Orders
- The applicant's application dated May 12, 2022 will not be heard until he personally appears as ordered on March 27, 2019 or purges the contempt.
Full Case Text
Judgment text and source record
20 paragraphs
ADC v DPN (Divorce Cause 178 of 2014) [2022] KEHC 14363 (KLR) (Family) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14363 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Divorce Cause 178 of 2014
AO Muchelule, J
October 27, 2022
Between
ADC
Petitioner
and
DPN
Respondent
Ruling
1. On March 27, 2019 this court found the respondent/applicant DPN guilty of contempt of the court orders and asked him to personally appear before court to show cause why he should not be punished in accordance with the law. There has been no stay of the orders, and the applicant has never cared to appear personally as ordered. The contempt has not been purged. The court is being made helpless, something that should be avoided in all circumstances if the streams of justice have to be kept clear and clean, and the rule of law respected by all.
2. I note that the applicant appealed against the orders of this court that found him to be in contempt. The appeal is pending, but his bid to have the orders stayed until the appeal is heard and determined failed on November 22, 2019.
3. The applicant’s application dated May 12, 2022 seeks that the respondent’s notice to show cause dated February 21, 2020 be struck out with costs.
4. Until the applicant has personally appeared as ordered on March 27, 2019, or has purged the contempt, I will not hear him on the application at hand.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 27TH DAY OF OCTOBER 2022A.O. MUCHELULEJUDGE