[2008] KEHC 46 (KLR)
The court held that personal service of the relevant court orders on the alleged contemnors is a strict requirement for contempt of court proceedings to be initiated. The affidavit of service filed did not depone to personal service, but rather indicated that the orders were left with registry staff. This did not...
Source-derived case information.
- Citation
- [2008] KEHC 46 (KLR)
- Parties
- Applicant: Joseph Mburu Gitau; Applicant: Felista Wariara Nduku; Applicant: Isaac Mburu Njuguna; Applicant: Keziah Wanja Kinoti; Applicant: Cecelia Wanjiru Gichuru; Applicant: Godfrey Muchanji Ajiambo; Applicant: Flacia Njoki Muiruri; Applicant: Christian Muchanji Ajiambo; Applicant: Mary Wambui Karari; Applicant: Josphat Njuguna Mwangi; Respondent: The Commissioner of Police; Respondent: The Commissioner of Lands; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 673 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application struck out for want of personal service
- Legal Topics
- Contempt of Court, Personal Service, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mburu Gitau
Applicant
Felista Wariara Nduku
Applicant
Isaac Mburu Njuguna
Applicant
Keziah Wanja Kinoti
Applicant
Cecelia Wanjiru Gichuru
Applicant
Godfrey Muchanji Ajiambo
Applicant
Flacia Njoki Muiruri
Applicant
Christian Muchanji Ajiambo
Applicant
Mary Wambui Karari
Applicant
Josphat Njuguna Mwangi
Applicant
The Commissioner of Police
Respondent
The Commissioner of Lands
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether personal service of the court orders on the alleged contemnors was effected as required for contempt proceedings.
- 2 Whether leaving orders with registry staff constitutes valid service for contempt applications.
Ratio Decidendi
The court held that personal service of the relevant court orders on the alleged contemnors is a strict requirement for contempt of court proceedings to be initiated. The affidavit of service filed did not depone to personal service, but rather indicated that the orders were left with registry staff. This did not meet the threshold for personal service as required by law. Consequently, the application for leave to commence contempt proceedings was fatally defective and could not be sustained. The court therefore struck out the application, directing that the applicants must begin the process afresh if they wish to pursue contempt proceedings, and ordered that costs abide the outcome of...
Court Disposition
application struck out for want of personal service
Orders
- The application dated 4th July 2008 is struck out.
- Costs to abide the outcome of the main application when determined.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI(NAIROBI LAW COURTS)
MISCELLANEOUS CIVIL APPLICATION NO.673 OF 2005
1. JOSEPH MBURU GITAUFELISTA WARIARA NDUKU
ISAAC MBURU NJUGUNA
1. KEZIAH WANJA KINOTI
2. CECELIA WANJIRU GICHURU RESPONDENTS
3. GODFREY MUCHANJI AJIAMBO
4. FLACIA NJOKI MUIRURI
5. CHRISTIAN MUCHANJI AJIAMBO
6. MANY WAMBUI KARARI
7. JOSPHAT NJUGUNA MWANGI
& 626 OTHERS
VERSUS
THE COMMISSIONER OF POLICE
THE COMMISSIONER OF LANDS APPLICNTS
THE HONOURBLE ATTORNEY GENERAL
EX-PARTE
1. JOSEPH MBURU GITAU
2. FELISTA WARIARA NDUKU
3. ISAAC MBURU NJUGUNA
4. KEZIA WANJA KINOTI
5. CECELIA WANJIRU GICHURU
6. GODFREY MUCHANJI AJIAMBO
7. FLACIA NJOKI MUIRURI
8. CHRITIAN MUCHANJI AMIAMBO
9. MARY WAMBUI KARARI
10. JOSPHAT NJUGUNA MWANGI & 626 OTHRS
RULING
What is before me is an application for leave to commence contempt of court proceedings against three alleged contemnors. The application is dated 4th July, 2008.
I have taken into account the submissions of Counsel. What stands out is the issue of service of the orders. A perusal of the affidavit of the process server filed in court on 10th November, 2005 does not depone to the orders/decree having been personally served on the alleged contemnors. The orders were left with the registry staff in each case.
I find that personal service was not effected and for this reason the applicant has to start all over again. I strike down the application dated 4th July 2008 and further order that costs abide the outcome of the main application when determined.
DATED and delivered at Nairobi this 19th day of September, 2008.
J.G. NYAMU
JUDGE