[2014] KEHC 8866 (KLR)
The court found that the application for committal to civil jail was unopposed and that there were allegations of disobedience of a court order issued on 21st November, 2013. In the absence of opposition and upon consideration of the application, the court ordered the OCS Changamwe to arrest the cited persons and...
Source-derived case information.
- Citation
- [2014] KEHC 8866 (KLR)
- Parties
- Plaintiff: Bihindi Mwijaka Mwinyifaki; Plaintiff: Salama Mwijaka Mwinyifaki; Defendant: Binvua Abdalla; Defendant: Hassan Kiwana; Defendant: Farida Avdillah Ahmed; Defendant: Rukiya Abdillah
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 252 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Committal for Contempt
- Outcome
- Application for committal to civil jail is allowed to the extent that the cited persons are to be arrested and brought to court to show cause why they should not be punished for contempt.
- Judges
- SN Mukunya
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Committal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bihindi Mwijaka Mwinyifaki
Plaintiff
Salama Mwijaka Mwinyifaki
Plaintiff
Binvua Abdalla
Defendant
Hassan Kiwana
Defendant
Farida Avdillah Ahmed
Defendant
Rukiya Abdillah
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Committal for Contempt
Legal Issues
- 1 Whether the plaintiffs disobeyed the court order issued on 21st November, 2013.
- 2 Whether the plaintiffs should be committed to civil jail for contempt of court.
Ratio Decidendi
The court found that the application for committal to civil jail was unopposed and that there were allegations of disobedience of a court order issued on 21st November, 2013. In the absence of opposition and upon consideration of the application, the court ordered the OCS Changamwe to arrest the cited persons and bring them to court to show cause why they should not be punished for contempt. The court thus exercised its power to enforce compliance with its orders and maintain the authority of the judicial process.
Court Disposition
Application for committal to civil jail is allowed to the extent that the cited persons are to be arrested and brought to court to show cause why they should not be punished for contempt.
Orders
- The OCS Changamwe is ordered to arrest Bihindi Mwijaka Mwinyifaki and Salama Mwijaka Mwinyifaki and bring them to court to show cause why they should not be punished for disobeying court orders.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ELC NO. 252 OF 2013
1. BIHINDI MWIJAKA MWINYIFAKI
2. SALAMA MWIJAKA MWINYIFAKIadministrators of the Estate of
MWANAHAWA MWINYIJAKA MWINYIFAKI ...........................PLAINTIFFS
- VERSUS-
1. BINVUA ABDALLA
2. HASSAN KIWANA
3. FARIDA AVDILLAH AHMED
4. RUKIYA ABDILLAH .................................................... DEFENDANTS
RULING
[1] The application of 16th December, 2013 for committal to civil jail of Bihindi Mwijaka Mwinyifaki and Salama Mwijaka Mwinyifaki is unopposed. The allegations by the applicant is that the said persons have disobeyed the order of this court issued on the 21st November, 2013. This court therefore issues an order to the OCS Changamwe to arrest the said persons and bring them to court to show cause why they should not be punished for disobeying court orders.
Delivered and dated in open court at Mombasa this 20th day of June, 2014.
S. MUKUNYA
JUDGE
20. 6.2014
In the presence of:
Wachira Advocate for Khatib Advocate for the applicants.