[2022] KEHC 14121 (KLR)
The court found that the defendant's actions in deleting the offensive publications, issuing a public apology, and demonstrating remorse, coupled with his lack of a prior criminal record, warranted a non-custodial sentence. The court determined that a fine would suffice to punish the contempt and deter future...
Source-derived case information.
- Citation
- [2022] KEHC 14121 (KLR)
- Parties
- Plaintiff: Erick Kimathi; Plaintiff: Justine Kendi; Plaintiff: Executive Super Rides Ltd; Plaintiff: Drivers Universe Company; Defendant: Benjamin Wambua Ndolo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 135 of 2019
- Procedural Posture
- Civil Suit / Sentence
- Outcome
- Defendant sentenced to pay a fine for contempt of court, with a default custodial sentence.
- Judges
- JK Sergon
- Legal Topics
- Contempt of Court, Sentencing, Mitigation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kimathi
Plaintiff
Justine Kendi
Plaintiff
Executive Super Rides Ltd
Plaintiff
Drivers Universe Company
Plaintiff
Benjamin Wambua Ndolo
Defendant
Procedural Posture
Civil Suit / Sentence
Legal Issues
- 1 Whether the defendant should be given a custodial or non-custodial sentence for contempt of court.
- 2 What weight should be given to the defendant's mitigation and remorse.
Ratio Decidendi
The court found that the defendant's actions in deleting the offensive publications, issuing a public apology, and demonstrating remorse, coupled with his lack of a prior criminal record, warranted a non-custodial sentence. The court determined that a fine would suffice to punish the contempt and deter future misconduct, while also considering the defendant's employment situation. Therefore, the defendant was sentenced to pay a fine of KES 50,000 within seven days, with a default custodial sentence of three months' imprisonment if the fine was not paid.
Court Disposition
Defendant sentenced to pay a fine for contempt of court, with a default custodial sentence.
Orders
- The defendant shall pay a fine of KES 50,000 within 7 days from the date of the order.
- In default of payment, the defendant shall be apprehended and committed to serve three months in prison.
Full Case Text
Judgment text and source record
25 paragraphs
Kimathi & 3 others v Ndolo (Civil Suit 135 of 2019) [2022] KEHC 14121 (KLR) (Civ) (21 October 2022) (Sentence)
Neutral citation: [2022] KEHC 14121 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Suit 135 of 2019
JK Sergon, J
October 21, 2022
Between
Erick Kimathi
1st Plaintiff
Justine Kendi
2nd Plaintiff
Executive Super Rides Ltd
3rd Plaintiff
Drivers Universe Company
4th Plaintiff
and
Benjamin Wambua Ndolo
Defendant
Sentence
1. Benjamin Wambua Ndolo, the defendant/respondent herein was on 25th March, 2022 convicted for contempt of court. The respondent virtually appeared before court and pleaded to be treated with leniency. He also filed a comprehensive written statement in mitigation.
2. I have considered the facts in mitigation outlined in the written statement. The respondent averred that he has deleted the offensive publications and has gone ahead to issue an apology through his official twitter account. The respondent further indicated that he is remorseful with no past criminal record. He also urged this court not to mete out a custodial sentence so that he does not stay away from his employment.
3. Having considered the mitigating factors, I am convinced that the respondent should be given a non-custodial sentence in the circumstances. Consequently, the respondent namely Benjamin Wambua Ndolo is hereby sentenced to pay a fine of ksh.50,000/= within a period of 7 days from today’s date and in default he should be apprehended and taken to custody to serve three (3) months in prison.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 21ST DAY OF OCTOBER, 2022. ...........................J. K. SERGONJUDGEIn the presence of:............................ for the Plaintiff............................ for the Defendant