[2024] KEHC 15665 (KLR)
The court found that the respondents, being public officers, were served with the order of mandamus and the certificate of order requiring payment of the decretal sum to the applicant. Despite clear knowledge of the court's order and repeated demands, the respondents failed to comply, and there was no evidence of a...
Source-derived case information.
- Citation
- [2024] KEHC 15665 (KLR)
- Parties
- Applicant: The Illuminator Limited; Respondent: Geofrey Akumali Atieli; Respondent: Asha Abdi; Respondent: John Murungi Lintari; Respondent: Patrick Akivaga Analo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E146 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Contempt Application Post Judgment
- Outcome
- Application allowed; respondents summoned to show cause for contempt.
- Judges
- JM Chigiti
- Legal Topics
- Mandamus Enforcement, Contempt of Court, Government Proceedings Act, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Illuminator Limited
Applicant
Geofrey Akumali Atieli
Respondent
Asha Abdi
Respondent
John Murungi Lintari
Respondent
Patrick Akivaga Analo
Respondent
Procedural Posture
Judicial Review Application / Ruling on Contempt Application Post Judgment
Legal Issues
- 1 Whether the respondents are in contempt of court for failing to comply with the order of mandamus issued on 21 February 2024.
- 2 Whether the respondents should be summoned to show cause and punished for contempt of court for non-payment of the decretal sum to the applicant.
Ratio Decidendi
The court found that the respondents, being public officers, were served with the order of mandamus and the certificate of order requiring payment of the decretal sum to the applicant. Despite clear knowledge of the court's order and repeated demands, the respondents failed to comply, and there was no evidence of a stay of execution or pending appeal. The court held that the respondents' persistent default and refusal to pay the decretal sum amounted to willful disobedience of a court order, thereby establishing a prima facie case of contempt. The court exercised its power to summon the respondents to appear and show cause why they should not be cited and punished for contempt,...
Court Disposition
Application allowed; respondents summoned to show cause for contempt.
Orders
- The County Secretary, Chief Officer Finance/County Treasurer, County Executive Committee Member Finance and Economic Affairs, and Chief Officer Urban Development Planning Nairobi City County shall appear before this court and show cause why they should not be cited for contempt of court for failing to comply with...
- The said officers shall show cause why they should not be cited and punished for contempt of court of the orders given on 13 February 2024.
Full Case Text
Judgment text and source record
33 paragraphs
Illuminator Limited v The County Secretary Nairobi City County & 3 others (Judicial Review Application E146 of 2023) [2024] KEHC 15665 (KLR) (Judicial Review) (2 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15665 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E146 of 2023
JM Chigiti, J
December 2, 2024
Between
The Illuminator Limited
Applicant
and
The County Secretary Nairobi City County (Geofrey Akumali Atieli)
1st Respondent
Chief Officer, Finance /County Treasurer Nairobi City County (Asha Abdi)
2nd Respondent
County Executive Committee Member Finance And Economic Affairs, Nairobi City County (John Murungi Lintari)
3rd Respondent
Chief Officer, Urban Development Planning Nairobi City County (Patrick Akivaga Analo)
4th Respondent
Ruling
1. The application that is before this court is the one dated 16th August 2024 where the applicant seeks the following orders: -1. …spent.2. That summons be issued against the said;a.County Secretary, Nairobi City County, (Geofrey Akumali Atieli),b.The Chief Officer, Finance/County Treasurer Nairobi City County (Asha Abdi),c.the County Executive Committee Member, Finance and Economic Affairs, Nairobi City County (John Murungi Lintari) and;d.Chief Officer, Urban Development Planning, Nairobi City County Patrick Akivaga Analoto appear before this court and show cause why they should not be cited for contempt of court for failing to comply with this Honourable courts' Orders granted on 21 February 2024. 3)That this Honourable Court be pleased to find and hold that;a.County Secretary, Nairobi City County, (Geofrey Akumali Atieli),b.The Chief Officer, Finance/County Treasurer Nairobi City County ( Asha Abdi),c.the County Executive Committee Member, Finance and Economic Affairs, NairobiCity County (John Murungi Lintari)d.Chief Officer, Urban Development Planning, Nairobi City County Patrick Akivaga Analo hereinare in contempt and have disobeyed the court Orders issued on 21st February 2024. 4)That this Honourable Court be pleased to PUNISH;a.County Secretary, Nairobi City County, (Geofrey Akumali Atieli),b.The Chief Officer, Finance/County Treasurer Nairobi City County ( Asha Abdi),c.County Executive Committee Member, Finance and Economic Affairs, NairobiCity County (John Murungi Lintari) andd.Chief Officer, Urban Development Planning, Nairobi City County Patrick Akivaga Analofor being in contempt of court and commit them to civil jail for a period not exceeding six (6) months.5)That the OCS, Central Police Station to enforce compliance to order 3 above.6)That the costs of this Application be borne by the Respondents.
2. The application is predicated on the affidavit of Billy Amendi.
3. This court delivered a judgement on the 21st February 2024, directing that an Order of Mandamus be issued directed at the respondents compelling them to comply with the Honourable Court's orders.
4. A Certificate of Order dated 13th August 2024, in line with the provisions of Section 21 of the Government Proceedings Act, wherein the Respondents were ordered to pay the Applicant the following sums;• Costs as in Decree........ ..Kshs 5,000,000. 00• Interest @12% from 17/5/2017 to 12/08/2024 (2644 days) = ..Kshs 4,346,301. 37TOTAL (as up to 13th August 2024) = Kshs 9,346,301. 37.
5. The outstanding amount is Kshs 9,346,301. 37 plus costs of Kshs 11,075. 00 making a total of Kshs 9,357,376. 37 as at 13th August 2024 which is owed to the Applicant by the Respondents. The same continues to attract interest until payment in full due to the persistent default and refusal.
6. Section 21 (3) of the Government proceedings Act places a duty on the Respondents herein to pay out the decretal sum as ordered by the court.
7. Despite numerous demand letters issued by the Applicants dated; 04th October 2022, 08th June 2023, 04th July 2023, 26th March 2024 and 11th July 2024 addressed to the Respondents the decretal amount remains outstanding.
8. There is no existing stay of execution of the Honourable Court's Orders and decree nor is there any pending appeal against the award/Judgment or the Judicial Review Order of Mandamus given on the 21st February 2024.
9. This court is satisfied that the Applicant has made out a case warranting the grant of the orders below.
Order: 10. The Application is allowed in the following terms;1. a)The County Secretary, Nairobi City County, (Geofrey Akumali Atieli),b)The Chief Officer, Finance/County Treasurer Nairobi City County (Asha Abdi),c)The County Executive Committee Member, Finance and Economic Affairs, Nairobi City County (John Murungi Lintari) and;d)Chief Officer, Urban Development Planning, Nairobi City County Patrick Akivaga Analo shall appear before this court and show cause why they should not be cited for contemptof court for failing to comply with this Honourable courts' Orders granted on 21 February 2024.
2)The officers mentioned in order 1 above shall Show Cause why they should not be cited and punished for Contempt of Court of the Orders of this Honourable Court given on 13th February, 2024. 3)The matter shall proceed with the hearing of the said Notice on 20. 2.25 at 10. 30 AM in open court.4)The said officers shall attend open court in person on that day.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2NDDAY OF DECEMBER, 2024. …………………………………………..J.M. CHIGITI (SC)JUDGE