[2005] KEHC 2216 (KLR)
The court found the defendant guilty of contempt of court for willfully disobeying orders to open premises and return goods. The court considered the defendant's refusal to apologize or promise compliance, and his statement that he was prepared to go to jail. The court determined that attachment of property was not...
Source-derived case information.
- Citation
- [2005] KEHC 2216 (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 disobeying orders to open premises and return goods. The court considered the defendant's refusal to apologize or promise compliance, and his statement that he was prepared to go to jail. The court determined that attachment of property was not appropriate and that civil jail was the suitable sanction. The contemnor was sentenced to one month in prison, with the possibility of further imprisonment in increments of thirty days until compliance, up to a maximum of six months, after which he must be set free if the contempt is not purged.
Court Disposition
Defendant found guilty of contempt of court and sentenced to civil jail.
Orders
- The defendant is to be detained in prison for one month.
- After one month, the defendant shall be brought back to court for confirmation of compliance with the court order.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Civil Case 41 of 2005
ANN NYAMBURA MUGWE …………………………………………. PLAINTIFF FRANCIS MUGWE WANJOHI …………………………………… DEFENDANT
RULING 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