[2015] KEHC 2286 (KLR)
The court found that the applicant had demonstrated merit in the application for leave to commence contempt proceedings. Despite the issuance of a mandamus order and subsequent directions by the court, the respondent failed to settle the decretal sum. The applicant's attempts at enforcement through garnishee...
Source-derived case information.
- Citation
- [2015] KEHC 2286 (KLR)
- Parties
- Applicant: Hezron Ossorey Jura Odongo; Respondent: Kenya Railways Corporation; Garnishee: Kenya Commercial Bank
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 223 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application allowed
- Judges
- EM Muchoki
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Mandamus Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Ossorey Jura Odongo
Applicant
Kenya Railways Corporation
Respondent
Kenya Commercial Bank
Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to cite the Managing Director and Corporation Secretary of Kenya Railways Corporation for contempt of court for failure to settle the decretal sum.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had demonstrated merit in the application for leave to commence contempt proceedings. Despite the issuance of a mandamus order and subsequent directions by the court, the respondent failed to settle the decretal sum. The applicant's attempts at enforcement through garnishee proceedings were unsuccessful. The court was satisfied that the threshold for granting leave to cite the Managing Director and Corporation Secretary for contempt had been met, as the respondent had not complied with clear court orders. The applicant was therefore entitled to the orders sought, including costs.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to cite the Managing Director and Corporation Secretary of Kenya Railways Corporation for contempt of court.
- The applicant is awarded costs of the application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPLICATION NO. 223 OF 2010
HEZRON OSSOREY JURA ODONGO …....................................... APPLICANT
VERSUS
KENYA RAILWAYS CORPORATION …..................................... RESPONDENT
KENYA COMMERCIAL BANK ….................................................... GARNISHEE
RULING
In the Notice of Motion dated 1st July 2015 the applicant/decree holder craves for leave to cite the Managing Director of the Kenya Railways Corporation – Atanas Maina and the Secretary (name not provided) for contempt of Court for failure to settle the decretal sum in Kisumu C.M.C.C. 464 of 2003. The application is supported by the affidavit of Hezborn Ossorey Jura Odongo sworn on (undated). From the record an Order for Mandamus compelling the Managing Director of Kenya Railways Corporation to pay the decretal sum was issued by this Court on 23rd March 2009(Mwera, J, as he then was). Thereafter on 9th March 2012 the Court (Ali-Aroni J) made an order that the counsel for the Respondent produce the secretary to the Respondent to explain the delay in payment of the decretal sum. That production was to be within 14 days of the ruling and indeed the secretary was produced on 23rd March 2012. It appears that the parties entered into negotiations. On 11th July 2012 the Court (Ali-Aroni J) gave the Respondent seven days to pay up but it appears that there was still no payment. The applicant/Decree Holder then made an attempt at Garnishee proceedings but that was not successful (see Muchelule J's ruling delivered on 22nd July 2013). He thereafter filed this application which I am satisfied has merit.
Accordingly, the applicant is granted leave to cite the Managing Director and Corporation Secretary for contempt. He shall also get the costs of the application.
It is so ordered.
Signed, dated and delivered this ...30th.. day of …September... 2015
E. N. MAINA
JUDGE
In presence of:-
Mr. Omondi T. for Applicant/Decree Holder
CC: Moses Okumu