[2003] KEHC 939 (KLR)

[2003] KEHC 939 (KLR)

The court held that while the general rule is that applications for leave to institute contempt proceedings are to be heard ex parte, this is not an inflexible requirement. The High Court, by virtue of its inherent jurisdiction and the powers conferred by the Constitution and Judicature Act, may allow a party who is directly affected by the intended proceedings to participate at the leave stage if the interests of justice so require. In this case, the issue of service of the court order was contentious and material to the grant of leave. The 1st respondent had filed an affidavit denying proper service, which was relevant to the court's determination. Allowing the respondent to participate...

Citation
[2003] KEHC 939 (KLR)
Parties
Applicant: Wilfred Karuga Koinange & 3 Others; Respondent: Judicial Commission of Inquiry into the Goldenberg Affair; Respondent: Another (2nd Respondent)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 November 2003
Case Number
Civil Application 359 of 2003
Procedural Posture
Miscellaneous Application / Ruling on Application for Audience at Leave Stage in Contempt Proceedings
Outcome
Application by the 1st respondent for audience at the leave stage allowed.
Legal Topics
Contempt of Court Procedure, Leave to Institute Contempt, Ex Parte Vs Inter Partes Hearing, Judicial Review Procedure
Source Language
English
Civil Procedure Administrative Law Contempt of Court Procedure Leave to Institute Contempt Ex Parte Vs Inter Partes Hearing Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Wilfred Karuga Koinange & 3 Others

Applicant

Judicial Commission of Inquiry into the Goldenberg Affair

Respondent

Another (2nd Respondent)

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Audience at Leave Stage in Contempt Proceedings

Legal Issues

  1. 1 Whether the respondent should be allowed audience during the ex parte hearing of the application for leave to commence contempt proceedings.
  2. 2 Whether the mandatory ex parte nature of leave applications in contempt proceedings under Order LIII can be departed from in appropriate circumstances.
  3. 3 Whether the court has inherent jurisdiction to allow participation by a party affected at the leave stage.

Ratio Decidendi

The court held that while the general rule is that applications for leave to institute contempt proceedings are to be heard ex parte, this is not an inflexible requirement. The High Court, by virtue of its inherent jurisdiction and the powers conferred by the Constitution and Judicature Act, may allow a party who is directly affected by the intended proceedings to participate at the leave stage if the interests of justice so require. In this case, the issue of service of the court order was contentious and material to the grant of leave. The 1st respondent had filed an affidavit denying proper service, which was relevant to the court's determination. Allowing the respondent to participate...

Court Disposition

Application by the 1st respondent for audience at the leave stage allowed.

Orders

  • The 1st respondent is permitted to participate in the ex parte application for leave.
  • The replying affidavit filed by the 1st respondent is deemed duly filed.