[2011] KEHC 1893 (KLR)
The court found that the applicant had demonstrated that a court order was issued for the release of his motor vehicle, that the order and penal notice were served on the respondent, and that there was an allegation of non-compliance. In accordance with the Judicature Act and applicable procedural rules, the court...
Source-derived case information.
- Citation
- [2011] KEHC 1893 (KLR)
- Parties
- Applicant: Geofrey Njoroge Gichuhi; Respondent: The Officer Commanding Station, Wanguru; Respondent: The Commissioner of Police
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 41 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- Leave granted to the applicant to bring contempt proceedings against the respondent.
- Judges
- AO Muchelule
- Legal Topics
- Contempt of Court, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Njoroge Gichuhi
Applicant
The Officer Commanding Station, Wanguru
Respondent
The Commissioner of Police
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the respondent disobeyed a court order to release the applicant's motor vehicle.
- 2 Whether the applicant should be granted leave to commence contempt proceedings against the respondent.
Ratio Decidendi
The court found that the applicant had demonstrated that a court order was issued for the release of his motor vehicle, that the order and penal notice were served on the respondent, and that there was an allegation of non-compliance. In accordance with the Judicature Act and applicable procedural rules, the court determined that the applicant had met the threshold for being granted leave to commence contempt proceedings against the respondent for alleged disobedience of a court order.
Court Disposition
Leave granted to the applicant to bring contempt proceedings against the respondent.
Orders
- Leave is granted to the applicant to bring contempt proceedings against the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MISC. CIVIL APPLICATION NO. 41 OF 2011
GEOFREY NJOROGE GICHUHI…………….…......................…………. APPELLANT/APPLICANT
VERSUS
THE OFFICER COMMANDING STATION,
WANGURU ……………………………………….........…………………..……1ST RESPONDENT
THE COMMISSIONER OF POLICE………...............…………………………2ND RESPONDENT
R U L I N G
It is evident that on 28/3/2011 Justice Warsame issued an order directing the respondent to release forthwith the Applicant’s motor vehicle registration number KBN 874 M make Toyota station wagon.
On 11/4/2011 a copy of the order and a penal notice were served on him. It is alleged he did not obey the order. In terms of Section 5(1) of the Judicature Act (Cap 8) and Order 52 of the Rules of the Supreme Court of England, leave is hereby granted to the Applicant to bring contempt proceedings against the Respondent.
DATED, DELIVERED AND SIGNED THIS 28TH DAY OF JULY 2011.
A.O. MUCHELULE
JUDGE