[2019] KEHC 4402 (KLR)
The court found that the SCCIO, Tigania Central, provided a satisfactory explanation for the delay in complying with the court order issued on 13/09/2019. The delay was occasioned by the officer's need to verify the order with the court, after which he was advised by the Deputy Registrar on the proper procedure for...
Source-derived case information.
- Citation
- [2019] KEHC 4402 (KLR)
- Parties
- Applicant: John Kobia Ikiao; Applicant: Joseph Gikuula M’ Kirigia; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 171 of 2019
- Procedural Posture
- Criminal Case / Ruling on Compliance With Court Order
- Outcome
- Explanation for delay accepted; officer discharged; directed to comply with order.
- Judges
- A Mabeya
- Legal Topics
- Compliance With Court Orders, Criminal Procedure, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kobia Ikiao
Applicant
Joseph Gikuula M’ Kirigia
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Case / Ruling on Compliance With Court Order
Legal Issues
- 1 Whether the SCCIO, Tigania Central, was in contempt of court for delayed compliance with the court order issued on 13/09/2019.
- 2 Whether the explanation provided for the delay in compliance was satisfactory.
Ratio Decidendi
The court found that the SCCIO, Tigania Central, provided a satisfactory explanation for the delay in complying with the court order issued on 13/09/2019. The delay was occasioned by the officer's need to verify the order with the court, after which he was advised by the Deputy Registrar on the proper procedure for execution. The court accepted the explanation, discharged the officer from any contempt proceedings, and directed him to proceed with compliance. The officer was warned to comply promptly with court orders in the future.
Court Disposition
Explanation for delay accepted; officer discharged; directed to comply with order.
Orders
- Mr. Stephen Murega is discharged from contempt proceedings.
- The officer is directed to proceed and comply with the court order.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 171 OF 2019
JOHN KOBIA IKIAO
JOSEPH GIKUULA M’ KIRIGIA.........................APPLICANTS
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS ....RESPONDENTS
R U L I N G
1. The SCCIO, Tigania Central received an order of this court made on 13/09/2019 on the same day at 4:30 PM.
2. However, he did not comply with the order. He waited until Monday 15/09/2019 when he sought to verify the same with the court.
3. He appeared and explained the delay in compliance. He told the court that: -
i. He could not comply until after he had verified the same with the court.
ii. He came to court and met the Deputy Registrar of this court who advised him that order No. (d) thereof had to be executed before the Deputy Registrar himself. That the Deputy Registrar advised him to bring the applicants to court today morning.
4. I am satisfied with the explanation given by Mr. Stephen Murega and he is hereby discharged. Let him proceed to go and comply with that order. Officer warned accordingly.
A. MABEYA
JUDGE
17:09:2019