https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12486

The Court found that there was no appearance or opposition from the Respondents and noted the lack of payment of the decretal sum despite an undertaking. On that basis, it allowed the application and issued summons requiring the Respondents to personally appear and show cause why they should not be committed to...

Source-derived case information.

Citation: [2026] KEHC 12486 (KLR)
Parties: Plaintiff/applicant: PAUL KUTO FWAMBA; 1st Respondent: HON. ATTORNEY GENERAL; 2nd Respondent: BERNICE LEMEDEKET (Accounting Officer, Ministry of Interior and Coordination of National Government, Department of Kenya National Police Service)
Court: High Court
Jurisdiction: Kenya
Case Number: Judicial Review E004 of 2025
Procedural Posture: Judicial Review / Contempt Application Ruling
Outcome: Application allowed in part; summons to show cause issued.
Judges: ["E Ominde"]
Legal Topics: Enforcement of Court Orders, Disobedience of Decree, Summons to Show Cause, Civil Jail Contempt Sanctions, Payment of Decretal Sum
Source Language: en

Administrative Law Civil Procedure Contempt of Court Enforcement of Court Orders Disobedience of Decree Summons to Show Cause Civil Jail Contempt Sanctions Payment of Decretal Sum

Source-derived case record

Summary, issues, holding and outcome

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Parties

PAUL KUTO FWAMBA

Plaintiff/applicant

HON. ATTORNEY GENERAL

1st Respondent

BERNICE LEMEDEKET (Accounting Officer, Ministry of Interior and Coordination of National Government, Department of Kenya National Police Service)

2nd Respondent

Procedural Posture

Judicial Review / Contempt Application Ruling

Legal Issues

1 Whether the Respondents wilfully disobeyed the court order issued on 5th February 2026
2 Whether the court should cite and punish the Respondents for contempt
3 Whether summons should issue for the Respondents to personally appear and show cause why they should not be committed to civil jail

Ratio Decidendi

Court Disposition

Application allowed in part; summons to show cause issued.

Orders

Each Respondent shall personally appear before the Court on 13th October 2026 and show cause why they should not be committed to civil jail.
The Deputy Registrar shall ensure compliance with issuance and service of the summons upon the Respondents.

Full Case Text

Judgment text and source record

1 paragraphs

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **JUDICIAL REVIEW NUMBER E004 OF 2025** **PAUL KUTO FWAMBA …………….…………..... PLAINTIFF/APPLICANT** **VERSUS** **HON. ATTORNEY GENERAL ……………...…............….1ST RESPONDENT** **BERNICE LEMEDEKET (ACCOUNTING OFFICER** **MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL** **GOVERNMENT, DEPARTMENT OF KENYA** **NATIONAL POLICE SERVICE ……………………...…. 2ND RESPONDENT** **RULING** 1. Before this Court is a Notice of Motion dated **7th April 2026** seeking the following orders; 2. **Spent** 3. **THAT this Honourable Court be pleased to cite the Respondents namely; Hon. Attorney General; Bernice Lemedeket (The Accounting Officer, Ministry of Interior and Coordination of National Government, Department of Kenya National Police Service; for contempt of Court for willful disobedience of the Court Order issued on 5th February 2026 in HCJR E004 OF 2025.** 4. **THAT this Honourable Court be pleased to commit the said Respondents to civil jail or impose such sanctions as it may deem fit for contempt of Court.** 5. **THAT this Honourable Court be pleased to direct the Respondents to purge the contempt by complying with the Court Order and paying the decretal sum of Kshs. 568,850.00 together with costs forthwith.** 6. **THAT in the alternative, this Honourable Court be pleased to summon the Respondents to personally appear and show cause why they should not be committed to Civil Jail.** 7. **THAT the Court be pleased to issue any further Coercive Orders necessary to ensure compliance with the decree issued in Bungoma CMCC NO. E030 OF 2024.** 8. **THAT costs of this Application be provided for.** 9. The Application is premised on the grounds on the face of it and the facts deponed in the Supporting Affidavit of **PAUL KUTO FWAMBA** sworn on the **7th April 2026.** 10. The Applicant being present in Court with no appearance for the Respondents either physically or virtually, and there being a lack of payment of the decretal sum as was undertaken by the Respondents at the last mention, the Court now hereby allows the Applicants Application dated **7th April 2026** in the following terms; 11. **Summons are now hereby issued directing each of the Respondents to personally appear before this Court on 13th October 2026 and show cause why they should not be committed to civil jail.** 12. **The Deputy Registrar is to ensure Compliance with the issuance and service of the summons upon the Respondents.** **Read dated and Signed at BUNGOMA on 30th July 2026.** **E. OMINDE** **JUDGE**

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