[2017] KEHC 3391 (KLR)

[2017] KEHC 3391 (KLR)

The court held that the appellant, having failed to comply with the lower court's order to return the children to the respondent, is in contempt of court. The general rule is that a contemnor may be denied audience until the contempt is purged, especially where the contempt impedes the course of justice. In this...

Source-derived case information.

Citation
[2017] KEHC 3391 (KLR)
Parties
Applicant: E A M; Respondent: P A A
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
4 August 2017
Case Number
Civil Appeal 14 of 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection upheld; application held in abeyance until contempt purged
Legal Topics
Child Custody, Contempt of Court, Stay of Execution, Best Interests of Child
Source Language
english
Family and Children Civil Procedure Child Custody Contempt of Court Stay of Execution Best Interests of Child

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

E A M

Applicant

P A A

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appellant can be heard before purging contempt of the lower court's orders issued on 18th December, 2015.
  2. 2 What prejudice or injustice would the respondent suffer if stay orders were granted.
  3. 3 What prejudice would the applicant suffer if stay orders were not granted.

Ratio Decidendi

The court held that the appellant, having failed to comply with the lower court's order to return the children to the respondent, is in contempt of court. The general rule is that a contemnor may be denied audience until the contempt is purged, especially where the contempt impedes the course of justice. In this case, the continued disobedience of the court order undermines the authority and dignity of the court and the rule of law. The court found that the best interests of the children require parental care and that the appellant's actions deny the minors their statutory and constitutional rights. The court distinguished the authorities cited by the appellant, finding that the facts did...

Court Disposition

preliminary objection upheld; application held in abeyance until contempt purged

Orders

  • The preliminary objection is upheld.
  • The temporary stay orders issued on 11th April, 2017 are set aside.