[2008] KEHC 1978 (KLR)
The court found that the applicants had established a prima facie case for leave to commence contempt proceedings, as the respondent had failed to comply with a court order for payment of a judgment debt despite being duly served. The absence of opposition from the respondent and the supporting affidavit and...
Source-derived case information.
- Citation
- [2008] KEHC 1978 (KLR)
- Parties
- Applicant: Ahmed Bachani; Applicant: Zahina Ahmed Bachani t/a Hertz Driving School; Respondent: The Permanent Secretary Office of the Vice President & Ministry of Home Affairs
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 389 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application for leave to commence contempt proceedings granted
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Leave to Commence Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Bachani
Applicant
Zahina Ahmed Bachani t/a Hertz Driving School
Applicant
The Permanent Secretary Office of the Vice President & Ministry of Home Affairs
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicants should be granted leave to apply for an order of committal for contempt of court against the Permanent Secretary for failure to satisfy a court award.
- 2 Whether the respondent's failure to respond or appear affects the determination of the application.
Ratio Decidendi
The court found that the applicants had established a prima facie case for leave to commence contempt proceedings, as the respondent had failed to comply with a court order for payment of a judgment debt despite being duly served. The absence of opposition from the respondent and the supporting affidavit and authorities provided by the applicants satisfied the court that the requirements for granting leave under Section 5 of the Judicature Act were met. The court therefore granted leave to the applicants to apply for an order of committal for contempt of court against the Permanent Secretary or any person holding that office.
Court Disposition
application for leave to commence contempt proceedings granted
Orders
- Leave is granted to the applicants to apply for an order that Ms. Nancy Kirui or any person holding the position of Permanent Secretary Office of Vice President & Ministry of Home Affairs be committed to civil jail for contempt of court.
- The main motion is to be filed within 21 days from the date of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc. Civ. Suit 389 of 2007
AHMED BACHANI ZAHINA AHMED t/a
HERTZ DRIVING SCHOOL … ..............………………….…. APPLICANTS
V E R S U S
THE PERMANENT SECRETARYOFFICE OF THE VICE PRESIDENT &
MINISTRY OF HOME AFFAIRS…….................……………. RESPONDENT
R U L I N G
Before me is a Chamber Summons dated 3rd March, 2008 brought under Section 5 of the Judicature Act, filed by M/s ISEME KAMAU & MAEMA advocates on behalf of the applicants AHMED BACHANI, and ZAHINA AHMED BACHANI t/a HERTZ DRIVING SCHOOL. The respondent is named as THE PERMANENT SECRETARY OFFICE OF THE VICE PRESIDENTandMINISTRY OF HOME AFFAIRS. The substantive orders sought in the application are that-
Ø The applicant do have leave of this honourable court to apply for an order that Ms Nancy Kirui the Permanent Secretary Office of the Vice President and Ministry of Home Affairs be committed to civil jail for contempt of court.
Ø Costs of this application be borne by the respondent in any event.
There are several grounds on the face of the Chamber Summons. The application is also supported by the affidavit of AHMED BACHANI, one of the applicants, sworn on 8th March, 2008.
Basically the complaint of the applicants is that the said Permanent Secretary has failed and/neglected to satisfy a court award of Kshs.2,684,196/24 with interest at court rates (12% pa) arising from PMCC No. 7909 of 2006, even after being served on 24/10/2007 with an order of mandamus made by court on 12/10/2007.
Though the ex-parte Chamber Summons was served, the respondent did not appear either in person or by Counsel. The respondent also did not file any response to the application. The application was therefore unopposed. Counsel for the applicant, Mr. Kamau, who appeared at the hearing, made submissions before me. He cited several court case authorities to support the application.
Considering the facts before me and applying the decision in the case of Andalo & Another -Vs- James Green Russel Ltd. [1990] KLR 5,I find merits in the application and will grant the leave sought.
I therefore allow the application and order as follows:-
1. That leave be and is hereby granted to the applicant to apply for an order that Ms. Nancy Kirui or any person for the time being holding the position of Permanent Secretary Office of Vice President & Ministry of Home Affairs be committed to civil jail for contempt of court.
2. The main motion will be filed within 21 days from today. Costs will abide the results of the main motion.
It is so ordered.
Dated and delivered at Nairobi this 16th day of June, 2008.
GEORGE DULU
JUDGE.
In the presence of-
Mr. Kamau for the applicants- Mr. Allan Gichuhi holding brief.
Mwangi Court Clerk.