[2016] KEHC 5046 (KLR)
The court found that the absence of the applicant's advocate during the contempt proceedings was a serious matter, given the gravity of contempt applications. However, since the respondent denied disobeying the court orders and undertook to respect and comply with them, the court was satisfied that there was no...
Source-derived case information.
- Citation
- [2016] KEHC 5046 (KLR)
- Parties
- Applicant: John Muriungi Mugwika; Respondent: Charity Mpinda M'Mugwika
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Land Case 26 of 2013
- Procedural Posture
- Land Case / Ruling on Contempt Application
- Outcome
- Application marked as settled; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muriungi Mugwika
Applicant
Charity Mpinda M'Mugwika
Respondent
Procedural Posture
Land Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed the court orders issued on 30th September, 2015.
- 2 Whether the defendant should be committed to civil jail for contempt of court.
- 3 Whether the application for contempt should be marked as settled.
Ratio Decidendi
The court found that the absence of the applicant's advocate during the contempt proceedings was a serious matter, given the gravity of contempt applications. However, since the respondent denied disobeying the court orders and undertook to respect and comply with them, the court was satisfied that there was no willful disobedience. The application for contempt was therefore marked as settled, and no further orders were made regarding costs.
Court Disposition
Application marked as settled; no order as to costs.
Orders
- The application for contempt is marked as settled.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND CASE NO 26 OF 2013
JOHN MURIUNGI MUGWIKA …............................PLAINTIFF/APPLICANT
VERSUS
CHARITY MPINDA M'MUGWIKA..................DEFENDANT /RESPONDENT
R U L I N G
This application is dated 23rd March, 2016 and seek orders: -
1. THATthis Honourable Court be pleased to certify this application as very urgent and hear the same on priority basis.
2. THAT this Honourable Court be pleased to order the defendant to be detained in prison for a period not exceeding six (6) months for disobedience of the orders issued on 30th September, 2015 which orders one is aware of there existence (sic).
3. THATthis Honourable Court be pleased to issue any other expedient and appropriate orders in the circumstances.
4. THAT costs incidental to this application be provided for.
The application is supported by the affidavit of JOHN MURIUNGI MUGWIKA the Plaintiff.
When the application was slated for interpartes hearing on 21/4/2016, the alleged Contemnor, the defendant, Charity Mpinda was in Court. The plaintiff's Advocate was not in Court. I opine that contempt proceedings can spawn serious consequences which can entail the jailing of an alleged Contemnor . The Advocate representing the party alleging Contempt must ensure his presence in Court during contempt proceedings.
The alleged Contemnor Charity Mpinda has denied that she has disobeyed Court orders. She has undertaken not to disobey Court orders. Mr. Rimita, her Advocate, has also reiterated her innocence. He has undertaken to tell his client, the defendant, not to disobey Court Orders.
I take the absence of the Advocate representing the alleged Contemnor seriously. As the alleged Contemnor has denied that she disobeyed Court orders, and by undertaking not to disobey Court orders, has satisfied the Court that she respects Court Orders, I deem it necessary to have the application marked as settled.
I award no order as to costs.
It is so ordered .
DELIVERED IN OPEN COURT AT MERU THIS 21ST DAY OF APRIL, 2016 IN THE PRESENCE OF :-
CC: Danile/Lilian
Otieno C. h/b Mr. Gichunge
P.M. NJOROGE
JUDGE