[2010] KEHC 1536 (KLR)
The court found that the defendant was personally served with the court order and was or ought to have been aware of its terms. Despite this, he deliberately disobeyed the order by interfering with the plaintiff's possession and occupation of the suit land and by dismissing the authority of the court. The absence of...
Source-derived case information.
- Citation
- [2010] KEHC 1536 (KLR)
- Parties
- Plaintiff: John Kangogo Kuto; Defendant: Joseph Kiptanui Cheruiyot
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 180 of 2009
- Procedural Posture
- Civil Case / Ruling on Contempt Application
- Outcome
- Application for contempt allowed; defendant to be detained in civil jail for up to six months and barred from being heard until contempt is purged.
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Civil Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kangogo Kuto
Plaintiff
Joseph Kiptanui Cheruiyot
Defendant
Procedural Posture
Civil Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed a lawful court order served upon him personally.
- 2 Whether the defendant should be detained in civil jail for contempt of court.
- 3 Whether the defendant should be barred from being heard until he purges his contempt.
Ratio Decidendi
The court found that the defendant was personally served with the court order and was or ought to have been aware of its terms. Despite this, he deliberately disobeyed the order by interfering with the plaintiff's possession and occupation of the suit land and by dismissing the authority of the court. The absence of any response or appearance by the defendant further confirmed his disregard for the court's authority. The court held that such conduct undermines the administration of justice and must be sanctioned to preserve the court's dignity and authority. Consequently, the court ordered the defendant's arrest and detention in civil jail for a period not exceeding six months and barred...
Court Disposition
Application for contempt allowed; defendant to be detained in civil jail for up to six months and barred from being heard until contempt is purged.
Orders
- The respondent Joseph Kiptanui Cheruiyot shall be arrested by the officer commanding police station Iten.
- Warrants for the respondent's arrest shall issue.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Civil Case 180 of 2009
JOHN KANGOGO KUTO ………………………………………….. PLAINTIFF
-V E R S U S –
JOSEPH KIPTANUI CHERUIYOT ………………………………. DEFENDANT
RULING
This is an application brought against the defendant/respondentpraying that he be detained in civil detention for a period not exceeding six months for disobedience of a lawful court order and that he be not heard on any application objection or any other issue in the suit unless and untilhe purges his contempt by complying with the court’s order issued on 27/5/2010 barring him from interfering with the plaintiff’s possession and occupation of title No. Irong/Bugar/62 and 60. The order was personally served on the defendant who has defiantly cultivated the entire suit land and blocked the plaintiff’s access to the property and he has called court orders fake documents which do not bind him and this conduct has greatly undermined the authority and dignity of the court.The plaintiff states that the defendant’s conduct has hindered the course of justice and it could erode public confidence in the administration of justice if such conduct goes unpunished.The supporting affidavits to the application are sworn by the applicant and the court process server states that on the 28/5/2010 he personally served the order on the Respondent at the Respondent’s residence at Bugar sub-location of Kapchemistwa location.
The respondent has never filed any papers in reply and/or opposition to the application brought against him in this case.He has not even entered appearance and he did not attend court.
From the material placed before court I am satisfied that the order was served on the defendant personally and that he is or ought to be aware of the same.Being so satisfied and further noting that the authority and dignity of the court must at all times be upheld and protected.I hereby grant orders that the respondent be arrested by the officer commanding police station Iten and I hereby order that warrants for his arrest do issue and the said Joseph Kiptanui Cheruiyot be detained in civil jail for a period not exceeding six months.I further order that the respondent shall not be heard on any application in this case until he purges his contempt.
It is so ordered.
DATED SIGNED AND DELIVERED AT ELDORET THIS 28TH DAY OF JULY, 2010.
P.M. MWILU
JUDGE.
In the presence of:
MR. MBUGUA NGIGI Advocate for plaintiff / applicant
No appearance – Respondent.
Andrew Omwenga- CourtClerk
P.M MWILU
JUDGE.