[2005] KEHC 1473 (KLR)
The court found the defendant guilty of contempt of court for willfully refusing to comply with orders to open the premises and return goods of trade. The court considered whether the contemnor would purge the contempt by apologizing or promising compliance, but the defendant declined, instead expressing willingness...
Source-derived case information.
- Citation
- [2005] KEHC 1473 (KLR)
- Parties
- Plaintiff: Ann Nyambura Mugwe; Defendant: Francis Mugwe Wanjohi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 41 of 2005
- Procedural Posture
- Civil Case / Ruling and Sentence
- Outcome
- Defendant found guilty of contempt of court and sentenced to civil jail.
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Civil Jail, Purging Contempt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Nyambura Mugwe
Plaintiff
Francis Mugwe Wanjohi
Defendant
Procedural Posture
Civil Case / Ruling and Sentence
Legal Issues
- 1 Whether the defendant is guilty of contempt of court for disobeying court orders.
- 2 What is the appropriate sanction for the defendant's contempt of court.
Ratio Decidendi
The court found the defendant guilty of contempt of court for willfully refusing to comply with orders to open the premises and return goods of trade. The court considered whether the contemnor would purge the contempt by apologizing or promising compliance, but the defendant declined, instead expressing willingness to go to jail. The court determined that civil jail was the appropriate sanction, as attachment of property was not suitable in the circumstances. The contemnor was sentenced to one month in prison, with the possibility of further imprisonment in thirty-day increments until compliance, up to a maximum of six months, after which he must be released regardless of compliance.
Court Disposition
Defendant found guilty of contempt of court and sentenced to civil jail.
Orders
- The contemnor shall be detained in prison for one month.
- After one month, the contemnor shall be brought back to court for confirmation of compliance with the court order.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Civil Case 41 of 2005ANN NYAMBURA MUGWE …………………………………………. PLAINTIFF
VERSUS FRANCIS MUGWE WANJOHI …………………………………… DEFENDANTRULING AND SENTENCE
The contemnor refused to obey court orders. He refused to open up the premises which were ordered to be opened. He also refused to return the good of trade which he was ordered to return. The court having considered the disobedience by the defendant found him guilty of contempt of court. But it gave him an opportunity to purge the contempt by giving him and his Counsel a chance to apologize or promise the court that the premises would immediately be opened or any other purging statement. However, instead the contemnor said he was prepared to go to jail in protection of his property and family. Under these circumstances the court has no alternative but to mete out the civil jail sentence as attachment of his property is not appropriate sentence in the circumstances of this case. It is the decision of the court that the contemnor should be detained in prison for one month and thereafter be brought back to court for confirmation as to whether or not the court order has been obeyed. If the orders are not obeyed the court shall be at liberty to send him back to prison, each time for thirty days until he purges the contempt provided that if he will have served a total of 6 months, the contemnor shall be set free.
It is so ordered.
DATED AT MERU THIS 6TH DAY OF SEPTEMBER,2005
D. A. ONYANCHA JUDGE