[2012] KEHC 1596 (KLR)
The court held that, given the quasi criminal nature of contempt proceedings and the uncertainty regarding the defendant's legal representation due to the pending application by Obara & Obara & Co. Advocates to cease acting, it is imperative that the application dated 7-9-2011 be served personally upon the...
Source-derived case information.
- Citation
- [2012] KEHC 1596 (KLR)
- Parties
- Plaintiff: Atanas Oliech Gwako; Defendant: Richard Odhiambo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 25 of 2011
- Procedural Posture
- Civil Case / Ruling on Service of Application and Representation
- Outcome
- Application for personal service allowed.
- Judges
- HK Chemitei
- Legal Topics
- Personal Service, Contempt Proceedings, Representation by Advocate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atanas Oliech Gwako
Plaintiff
Richard Odhiambo
Defendant
Procedural Posture
Civil Case / Ruling on Service of Application and Representation
Legal Issues
- 1 Whether the application dated 7-9-2011 should be served personally upon the defendant.
- 2 Whether the pending application by Obara & Obara & Co. Advocates to cease acting affects service requirements.
- 3 Whether contempt proceedings require personal service on the respondent.
Ratio Decidendi
The court held that, given the quasi criminal nature of contempt proceedings and the uncertainty regarding the defendant's legal representation due to the pending application by Obara & Obara & Co. Advocates to cease acting, it is imperative that the application dated 7-9-2011 be served personally upon the defendant. The court further directed that while the hearing notice may still be served upon the counsel on record, the substantive application must reach the defendant directly to ensure compliance with procedural fairness and the requirements of contempt proceedings.
Court Disposition
Application for personal service allowed.
Orders
- The applicant is allowed to serve the respondent/defendant with the application dated 9-9-2011 personally.
- The hearing notice may be served upon the counsel on record.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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ATANAS OLIECH GWAKO.................................................................PLAINTIFF
VERSUS
RICHARD ODHIAMBO....................................................................DEFENDANT
R U L I N G
Upon perusal of the application dated 7-9-2011 I am of the considered opinion that the same ought to be served personally upon the defendant. My observation is based on the fact that the firm of Obara & Obara & Co. Advocates seemed not sure whether to act for the defendant or not. Their application dated 27-102011 to cease acting for the defendant is still pending.
Further, the orders sought are squarely to affect the respondent in person. The contempt proceedings are quasi criminal in nature and therefore it is imperative that the defendant personally should serve the respondent.
I shall allow the applicant to serve the respondent/defendant with the application dated 9-9-2011. The hearing notice can still be served upon the counsel on record.
Dated, signed and delivered at Kisumu this 15th day of October 2012
H.K. CHEMITEI
JUDGE
In the presence of:
Otieno for Opondo for the plaintiff
Ogune for Kesh for the defendant
HKC/va