[2022] KEHC 1128 (KLR)
The court found that Chief Inspector Boniface Kiilu was aware of the court order and failed to enforce it, constituting contempt of court. While the officer provided medical evidence of illness and apologized for his absence, the court held that such excuses did not absolve him of responsibility, especially since...
Source-derived case information.
- Citation
- [2022] KEHC 1128 (KLR)
- Parties
- Applicant: John Karani Mberia; Applicant: Stanley Bundi Rimberia; Respondent: Chief Inspector Boniface Kiilu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 536 “A” of 2009
- Procedural Posture
- Succession Application / Ruling on Contempt of Court Order
- Outcome
- Conditional penalty for contempt; opportunity to comply granted.
- Judges
- CA Otieno
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Karani Mberia
Applicant
Stanley Bundi Rimberia
Applicant
Chief Inspector Boniface Kiilu
Respondent
Procedural Posture
Succession Application / Ruling on Contempt of Court Order
Legal Issues
- 1 Whether Chief Inspector Boniface Kiilu was in contempt of a court order by failing to enforce it.
- 2 Whether the reasons provided for non-compliance with the court order were sufficient to excuse the contempt.
- 3 What penalty, if any, should be imposed for the contempt.
Ratio Decidendi
The court found that Chief Inspector Boniface Kiilu was aware of the court order and failed to enforce it, constituting contempt of court. While the officer provided medical evidence of illness and apologized for his absence, the court held that such excuses did not absolve him of responsibility, especially since enforcement could have been delegated within the police structure. The court was particularly disturbed by the officer's justification that threats at the police station prevented enforcement, emphasizing that it is the duty of the police to maintain law and order and not to use such threats as an excuse for non-compliance. Nevertheless, the court exercised discretion by granting...
Court Disposition
Conditional penalty for contempt; opportunity to comply granted.
Orders
- Chief Inspector Boniface Kiilu and his office are given seven days to comply with the court order.
- In default of compliance, Chief Inspector Boniface Kiilu shall be fined Kshs. 100,000 or jailed for 14 days at Meru GK prison if the fine is not paid.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CASE NO. 536 “A” OF 2009
IN THE ESTATE OF M’RIMBERIA KANYI ..DECEASED
JOHN KARANI MBERIA .......................1ST PETITIONER
STANLEY BUNDI RIMBERIA..............2ND PETITIONER
RULING
1. Chief Inspector Boniface Kiilu has confirmed to court that the came to know about the court order atleast on the 11. 3.2022 but could not have it implemented because that he fell ill, and has shown to court the medical documents to that effect.
2. He has also apologized that he was unable to have the order enforced even in his absence which could have been done by the office because there exists structures.
3. I am therefore satisfied that the order was brought to his attention but to-date the same has not been complied with. I find that he was in contempt and infact merit being punished. He has however explained his failure to attend court on 15. 3.2022.
4. The officer has however undertaken, in the presence of his commandant that he is willing to enforce the order if given an opportunity.
5. I take it as very disturbing that the officer seeks to additionally justify his failure to enforce the order because of the threats issued to the objector in his presence in the office at the police station. It disturbs me that a Senior Officer of his rank can witness a commission of an apparent offence and uses the same as an excuse not to comply with a court orders. What that means is that orders cannot be complied with because the police service fear for breach of peace when it is its duty to keep law and order. This to this court is wholly unacceptable.
6. For today, while I find that the officer deserves to be penalized for his contempt, I give him and his office, a period of 7 from days to comply with the court order and in default he shall be fined Kshs. 100,000 or be jailed for a period of 14 days at Meru GK prison if he shall have failed to pay the fine.
7. Lastly it is the duty of C.I.P Boniface Kiilu as the officer in charge of the station that the law and order is complied with in full. It is therefore his duly to ensure that when the order is enforced the objector is not threatened or harmed in any way either by persons interested in this cause and at all.
DATED SIGNED AND DELIVERED THIS 29TH MARCH, 2022
PATRICK J.O OTIENO
JUDGE