[2019] KEHC 11918 (KLR)
The court found that the applicant/father had repeatedly and willfully disobeyed clear court orders requiring him to pay school fees, related expenses, and upkeep for the minor. Despite multiple opportunities and warnings, the applicant neither complied with the orders nor provided any proof of payment. The judgment...
Source-derived case information.
- Citation
- [2019] KEHC 11918 (KLR)
- Parties
- Applicant: BO; Respondent: MAA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 32 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt and Enforcement of Maintenance Orders
- Outcome
- application for committal allowed; applicant found in contempt and committed to civil jail until compliance
- Judges
- A Ali-Aroni
- Legal Topics
- Child Maintenance, Contempt of Court, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BO
Applicant
MAA
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt and Enforcement of Maintenance Orders
Legal Issues
- 1 Whether the applicant/father has willfully disobeyed court orders regarding payment of school fees and upkeep for the minor.
- 2 Whether the respondent/mother is entitled to committal orders against the applicant for contempt of court.
Ratio Decidendi
The court found that the applicant/father had repeatedly and willfully disobeyed clear court orders requiring him to pay school fees, related expenses, and upkeep for the minor. Despite multiple opportunities and warnings, the applicant neither complied with the orders nor provided any proof of payment. The judgment of 14th September 2018 remained unchallenged, and no stay or appeal was on record. The respondent/mother's application for committal was merited due to the applicant's persistent defiance and contempt for the authority of the court. The court concluded that the only effective remedy was to order the applicant's arrest and committal to civil jail for six months or until full...
Court Disposition
application for committal allowed; applicant found in contempt and committed to civil jail until compliance
Orders
- The applicant/father is ordered to be arrested forthwith for contempt of court orders dated 14th September 2018, 8th October 2018, 16th October 2018, and 19th September 2019.
- The applicant/father shall be held in prison for six months until and unless he fully complies with the judgment of 14th September 2018 and settles all arrears.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 32 OF 2018
BO..............................................................................APPLICANT
VERSUS
MAA.......................................................................RESPONDENT
R U L I N G
1. BO(applicant/father) and MAA (Respondent/mother) are parents of the minor herein who is the subject of this matter. Their relationship is not clear to this court.
2. The two parents have been having problems of where the minor should attend school, school fees, related expenses and his upkeep. The matter dates to 2013 and still remains a pending issue with the two trading accusations against each other.
3. The trial court rendered its judgment in this matter on 4th of September 2018 directing as follows:
- The father shall pay school fees and school related expenses.
- By 2019 the child if not moved to another school the father shall pay Kshs.9,000/= a term.
- The father shall pay for N.H.I.F.
- The father shall pay Kshs.5,000/= a month towards school fees.
4. Prior to the above judgment the trial court had made interim orders and on 8th June 2018 in an application for notice to show cause why the applicant/father should not be committed to civil jail for failure to pay Kshs.55,955/- out of which Kshs.23,000/- was paid leaving a balance of Kshs.37,955/=. On 23rd February 2018 the same court ordered the father to pay a sum of Kshs.32,755. Which was then due.
5. The applicant/father seems to have been aggrieved by the said order and not the judgment. He has filed two application pursuant to the order; an application dated 27th March 2018 where he sought enlargement of time within which to file an appeal, and application dated 22nd November 2018 which seeks stay of the order. None of the said applications have been prosecuted. In short there is no stay nor an appeal on record.
6. Notable is that this court made an order of 8th October, 2018 requiring payment of school fees arrears before the next mention of the matter on 16th October, 2018. By 16th of October, no school fees had been paid. Further on the order to the 19th of July, 2019 the this court once again ordered that school fees be paid on or before 26th September, 2019, issued a stern warning and required the attendance of the father/applicant in court. To date school fees remains unpaid and the applicant/father is yet to make appearance.
7. Three times this court has required school fees be paid pursuant to the judgment which judgment remains unchallenged, to no avail. It is also not clear whether the Applicant has paid Kshs.5,000/= up keep amount.
8. On her part the respondent/ mother acting in person has diligently appeared in court and each time she has complained of non-payment school fees. On the 16th of October 2019 she filed an application seeking for committal of the applicant for disobeying court orders.
9. A lengthy reply was filed. No proof of payment of fees or upkeep as ordered was made. Long and short of it the applicant remains defiant. With the above the background the respondent/mother’s application is merited.
10. I have also formed the opinion that the Applicant/father is full of contempt for the court, has no regard for court or any orders made yet he expects to be heard and receive favourable outcome.
11. Due to the applicant/ father’s conduct I direct and order for his arrest forthwith for repeatedly being in contempt of court orders of the 14th September, 2018, 8th October, 2018, 16th October 2018 and 19th September, 2019.
12. The Applicant/father shall be held in prison for 6 months until and unless he complies fully with the judgement of 14th September 2018 in full an and all arrears settled
13. Costs to the respondent/ mother.
DATED, SIGNEDandDELIVEREDat NAIROBI this 31ST DAY OF OCTOBER, 2019.
ALI-ARONI
JUDGE