[2020] KEHC 10212 (KLR)
The court found that the respondent, Ruth Wanjiru Guchu, was guilty of contempt for disobeying a preservation order regarding the estate of Stephen Guchu Churu by transferring property to a third party. Despite her apology and mitigating circumstances, the court emphasized the necessity of upholding the rule of law...
Source-derived case information.
- Citation
- [2020] KEHC 10212 (KLR)
- Parties
- Applicant: Teresia Wanjiku Guchu; Respondent: Ruth Wanjiru Guchu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2016
- Procedural Posture
- Succession Cause / Ruling on Contempt and Sentencing
- Outcome
- Respondent found guilty of contempt; ordered to deposit sale proceeds and pay fine, with custodial sentence in default.
- Judges
- AO Muchelule
- Legal Topics
- Contempt of Court, Estate Administration, Breach of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Wanjiku Guchu
Applicant
Ruth Wanjiru Guchu
Respondent
Procedural Posture
Succession Cause / Ruling on Contempt and Sentencing
Legal Issues
- 1 Whether the respondent was in contempt of the court order preserving the estate assets.
- 2 What punishment is appropriate for the respondent's contempt of court.
Ratio Decidendi
The court found that the respondent, Ruth Wanjiru Guchu, was guilty of contempt for disobeying a preservation order regarding the estate of Stephen Guchu Churu by transferring property to a third party. Despite her apology and mitigating circumstances, the court emphasized the necessity of upholding the rule of law and the authority of court orders. The court balanced the need for deterrence and the respondent's personal circumstances by ordering her to deposit the full sale value of the property into court within 60 days and imposing a fine of Kshs.100,000, with a custodial sentence in default. The decision underscores that compliance with court orders is mandatory, and breaches attract...
Court Disposition
Respondent found guilty of contempt; ordered to deposit sale proceeds and pay fine, with custodial sentence in default.
Orders
- Within 60 days, the contemnor shall deposit into court the full value of the sale price of Ruiru West Block 1 (Githunguri) Plot No. 1529.
- The contemnor shall pay a fine of Kshs.100,000; in default, serve six months imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 7 OF 2016
IN THE MATTER OF THE ESTATE OF STEPHEN GUCHU CHURU (DECEASED)
TERESIA WANJIKU GUCHU.......................................APPLICANT
VERSUS
RUTH WANJIRU GUCHU............RESPONDENT/CONTEMNOR
RULING
1. On 7th May 2020 this court found the respondent Ruth Wanjiru Guchu guilty of contempt of the order of 12th July 2017 that had preserved the assets of the estate of the deceased Stephen Guchu Churu. She had transferred the property in question to a 3rd party.
2. The court asked the contemnor to show cause why she should not be punished in accordance with the law. She appeared with her counsel Mr. Kanyi Kiruchi on 5th October 2020. Counsel indicated that his client was 65, sickly and was sorry and apologetic. He indicated that his client had sold the property for Kshs.6. 4 million, but that she did not have the money to be able to refund. She sought to be treated leniently, and be given non-custodial punishment.
3. I have considered the facts of the case, including what was said for the contemnor in litigation. Court orders have to be obeyed in order to maintain the rule of law and good order.
4. Given the mitigating factors, I order that, within 60 days from today, the contemnor shall deposit into court the full value of the sale price of Ruiru West Block 1 (Githunguri) Plot No. 1529. She stated that the sale price was Kshs.6. 4 million, but that can still be ascertained from the sale agreement.
5. Further, the contemnor(respondent) shall pay a fine of Kshs.100,000/= in default serve prison term of six (6) months.
6. She (the contemnor) has 28 days to appeal this decision.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 26TH DAY OF OCTOBER 2020.
A.O. MUCHELULE
JUDGE