[1998] KEHC 253 (KLR)
The court found that the respondent, Commissioner of Customs & Excise, was in contempt of a valid court order requiring the release of motor vehicles to the appellant upon payment of 5% duty. The respondent was properly served and had not appealed or sought clarification of the order, but instead ignored it. The...
Source-derived case information.
- Citation
- [1998] KEHC 253 (KLR)
- Parties
- Respondent: Commissioner of Customs & Excise; Appellant: Al Rabihah Motors Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1012 of 1996
- Procedural Posture
- Civil Case / Ruling on Application for Committal for Contempt
- Outcome
- Application for committal for contempt allowed; punishment suspended for 14 days to allow compliance.
- Judges
- A Mbogholi-Msagha
- 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
Commissioner of Customs & Excise
Respondent
Al Rabihah Motors Limited
Appellant
Procedural Posture
Civil Case / Ruling on Application for Committal for Contempt
Legal Issues
- 1 Whether the respondent is in contempt of the court order issued on 22nd September, 1997.
- 2 Whether the respondent should be committed for contempt for failing to release the motor vehicles as ordered.
Ratio Decidendi
The court found that the respondent, Commissioner of Customs & Excise, was in contempt of a valid court order requiring the release of motor vehicles to the appellant upon payment of 5% duty. The respondent was properly served and had not appealed or sought clarification of the order, but instead ignored it. The authority of the court depends on compliance with its orders, and disobedience undermines the rule of law. The court held that even if the order appeared ambiguous, it had to be obeyed first and challenged later if necessary. The court therefore found the respondent in contempt but suspended the punishment for 14 days to allow compliance, emphasizing the conditional nature of the...
Court Disposition
Application for committal for contempt allowed; punishment suspended for 14 days to allow compliance.
Orders
- The respondent is found in contempt of court for disobeying the order of 22nd September, 1997.
- Punishment for contempt is suspended for 14 days to allow the respondent to comply with the court order.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1012 OF 1996 COMMISSIONER OF CUSTOMS &
EXCISE...........................................................................RESPONDENT VERSUS AL RABIHAH MOTORS LIMITED...............................APPELLANT
R U L I N G
This is an application by way of Chamber Summons under section 5 of the Judicature Act seeking the Committal of the Commissioner of Customs and Excise for his refusal to obey the order of this court. On 22nd September, 1997 Mbito J. made an order that the Commissioner of Customs and Excise do release motor vehicles belonging to Al Rabihah Motors Limited, held by the former, within 14 days on payment of duty of 5%. In default the applicant was given lease to apply for the committal of the Commissioner of Customs and Excise.
There is evidence that the order was served. This is also manifested by the fact that the respondent has filed a reply to this application. The respondent has not todate complied with the order given by Mbito J. The application for committal is therefore properly before court.
The respondent’s reply to this application has raised some matters of law related to the customs and Excise Act, Cap 472 Laws of Kenya. However I note that the respondent did not appeal or question the order prior to the filing of the application for contempt.
The authority of court is upheld by obeying its order. However ambiguous the order may be, however equivocal it may appear, that order has first to be obeyed and if need be questioned later. In the instant case the respondent decided to ignore it completely.
I find that the respondent is in contempt of the court order and the law must follow its course. I note that the order was conditional in that the applicant was to pay duty. The respondent was however to facilitate the payment thereof. I shall suspend the order of punishment for 14 days within which time the respondent may if he so wishes comply with order. This matter shall return to court on 6th February for further orders. Orders accordingly.
Dated and delivered at Nairobi this 23rd day of January, 1998.
A. MBOGHOLI MSAGHA
JUDGE