[2015] KEELC 818 (KLR)
The court held that the application for leave to commence contempt proceedings is procedural in nature and does not determine the substantive rights of the parties. Granting leave is a mandatory step required by law before contempt proceedings can be instituted. The court found that allowing the application would...
Source-derived case information.
- Citation
- [2015] KEELC 818 (KLR)
- Parties
- Applicant: Cecilia Gachonga Mukunja; Applicant: Jacob Mwenda Mukunja; Applicant: Zaverio Kinoti Mukunja; Respondent: Paskasio Mukunja Nkonga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case of 20 of 2013
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- Application for leave to bring contempt proceedings allowed.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cecilia Gachonga Mukunja
Applicant
Jacob Mwenda Mukunja
Applicant
Zaverio Kinoti Mukunja
Applicant
Paskasio Mukunja Nkonga
Respondent
Procedural Posture
Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether leave of court is mandatory before instituting contempt proceedings.
- 2 Whether granting leave to bring contempt proceedings would prejudice the respondent.
Ratio Decidendi
The court held that the application for leave to commence contempt proceedings is procedural in nature and does not determine the substantive rights of the parties. Granting leave is a mandatory step required by law before contempt proceedings can be instituted. The court found that allowing the application would not prejudice the respondent, as he would have the opportunity to be heard during the substantive contempt proceedings. Accordingly, the court granted leave to the applicants to bring contempt proceedings against the respondent, with directions for personal service of the intended application and for parties to obtain a date for directions after the substantive application is...
Court Disposition
Application for leave to bring contempt proceedings allowed.
Orders
- Leave is granted to the applicants to bring contempt proceedings against the respondent.
- The alleged contemnor shall be personally served with the intended application.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT COURT
CIVIL CASE NO. 287 OF 2013
CECILIA GACHONGA MUKUNJA.........1ST PLAINTIFF/APPLICANT
JACOB MWENDA MUKUNJA................2ND PLAINTIFF/APPLICANT
ZAVERIO KINOTI MUKUNJA.................3RD PLAINTIFF/APPLICANT
VERSUS
PASKASIO MUKUNJA NKONGA.............DEFENDANT/RESPONDENT
R U L I N G
This application is dated 2nd December, 2014 and seeks orders that:
a) This application be heard on priority basis and urgently.
b) The Honourable Court be pleased to grant leave to the applicant to bring contempt proceedings against the respondent who has disobeyed lawful court orders.
c) The Court do issue such further orders as may meet the ends of justice in this matter.
d) Costs of this application be provided for.
The application has the following grounds:
(i) Leave of the court to bring contempt proceedings is mandatory.
(ii) It is, therefore, imperative that the same be granted as a pre-requisite to an application for contempt.
During directions on 16. 9.2015, the applicant urged that the application be allowed. Mr. Leekona for the respondent asked the Court to give the matter another date for directions as he did not have the case file.
I do opine that the application is merely procedural and if granted will not prejudice the respondent as he will have ample opportunity to be heard during the contempt proceedings. I, therefore, allow the application in terms of prayer b.
The parties will obtain a date for directions from the registry after the substantive application for contempt proceeding is filed and responded to or in default of a response, the plaintiffs will be at liberty to obtain the apposite date for directions.
I direct that the alleged contemnor be personally served with the intended application.
It is so ordered.
Delivered in Open Court at Meru this 16th day of September, 2015 in the presence of:
Cc. Lilian
Dickson Kimathi h/b Miss E. G. Mwangi for the Applicant
Leekona for the Respondent.
P. M. NJOROGE
JUDGE