[2015] KEHC 2567 (KLR)
The court found that the respondent was served with the relevant court orders and was therefore aware of them. However, upon her appearance in court, she indicated willingness to comply with the orders. The applicants, through their advocate, expressed willingness to settle the application if the respondent purged...
Source-derived case information.
- Citation
- [2015] KEHC 2567 (KLR)
- Parties
- Plaintiff: Fridah Kendi; Defendant: Lawrence Majau Mberia; Defendant: Festus Kathendu; Defendant: County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 104 of 2012
- Procedural Posture
- Civil Case / Ruling on Contempt Application
- Outcome
- Application for contempt orders adjourned; parties granted 14 days to comply with court orders.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fridah Kendi
Plaintiff
Lawrence Majau Mberia
Defendant
Festus Kathendu
Defendant
County Government of Meru
Defendant
Procedural Posture
Civil Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the plaintiff/respondent disobeyed court orders issued on 23/04/2015 and 14/05/2015.
- 2 Whether the court should order arrest, detention, fine, or attachment of property for contempt of court.
- 3 Whether the contemnor should be given an opportunity to purge the contempt.
Ratio Decidendi
The court found that the respondent was served with the relevant court orders and was therefore aware of them. However, upon her appearance in court, she indicated willingness to comply with the orders. The applicants, through their advocate, expressed willingness to settle the application if the respondent purged the contempt. The court exercised its discretion to grant both parties 14 days to implement the court orders that were the subject of the application, rather than immediately imposing punitive sanctions. The court scheduled a further mention for directions, emphasizing the importance of compliance with court orders and affording the contemnor an opportunity to comply before...
Court Disposition
Application for contempt orders adjourned; parties granted 14 days to comply with court orders.
Orders
- The applicants and the contemnor are given 14 days to implement the court orders which are the subject of this application.
- The parties will come to court on 9th November, 2015 for further directions.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 104 OF 2012
FRIDAH KENDI ........................................PLAINTIFF/RESPONDENT
VERSUS
LAWRENCE MAJAU MBERIA ...........1ST DEFENDANT/APPLICANT
FESTUS KATHENDU..........................2ND DEFENDANT/APPLICANT
COUNTY GOVERNMENT OF MERU........................3RD DEFENDANT
RULING
This application is dated 13th July, 2015 and seeks orders:-
THATthe application be certified urgent and it be heard ex-parte in the first instance.
THATan order be issued, for arrest and detention in prison and/or for payment of a fine, against FRIDAH KENDI, the Plaintiff/ Respondent herein, for disobedience of the orders given on 23. 04. 2015 and on 14. 05. 2015 and issued on 23/04/2015 and 19. 05. 2015 respectively.
THATin the alternative to prayer 2 above an order be issued, for attachment and sale of the properties of FRIDAH KENDI, the plaintiff herein, for disobedience of the orders given on 23. 04. 2015 and on 14. 05. 2015 and issued on 23/04/2015 and 19. 05. 2015 respectively.
THATcosts of the application be provided for.
It is supported by the affidavit of Carlpeters Mbaabu, the applicants’ advocate and has the following grounds:-
THATthe applicants obtained orders against the respondent on 23. 04. 2015 and 14. 05. 2015, both of which were dully served upon her counsel on record.
THATthe respondent has blatantly disobeyed the afore-said orders, by absolutely refusing to co-operate to open a bank account and release the subject rent from the date of filing this suit to-date, to be deposited in bank, as ordered by the Hon. Court.
THATthe respondent has no respect for Court orders and the rule of law.
The application came up for interpartes hearing on 30/09/2015.
The Contemnor Fridah Kendi told the Court that she was not aware of the Court orders until they were served upon her in Court on 24th September, 2015, She told the Court that she would obey the Court orders given by the Court on 23/04/2015 and on 14/05/2015 and issued on 23/4/2015 and on 19/5/2015.
Mr. Mbaabu, the applicants advocate told the Court he was willing to have the application marked as settled if the Contemnor purged the apposite contempt.
I have given this matter careful consideration and I issue the following orders:
The applicants and the Contemnor are given 14 days to implement the Court orders which are the subject of this application.
The parties will come to Court on 9th November, 2015 for further directions.
It is so ordered.
Delivered in open Court this 30th day of September, 2015 in the presence of:-
CC:Lilian/Daniel
Carlpeters Mbaabu for Applicants
Mutegi holding brief for Miss Kiome for the Respondent.
P.M NJOROGE
JUDGE