[2011] KEHC 462 (KLR)
The High Court at Embu lacks jurisdiction to entertain an application seeking enforcement or punishment for disobedience of orders issued by the Court of Appeal. Only the Court of Appeal, as the issuing court, has the authority to deal with alleged disobedience of its orders. The applicant had previously filed a...
Source-derived case information.
- Citation
- [2011] KEHC 462 (KLR)
- Parties
- Applicant: Kiura Kigundu; Respondent: David Murithi; Respondent: Njagi Kigundu; Respondent: Njeru Kigundu; Respondent: Muchira Kigundu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 176 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection/striking Out
- Outcome
- application struck out for want of jurisdiction
- Legal Topics
- Jurisdiction of Court, Enforcement of Orders, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiura Kigundu
Applicant
David Murithi
Respondent
Njagi Kigundu
Respondent
Njeru Kigundu
Respondent
Muchira Kigundu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection/striking Out
Legal Issues
- 1 Whether the High Court at Embu has jurisdiction to entertain an application alleging disobedience of orders issued by the Court of Appeal.
- 2 Whether the application should be struck out for want of jurisdiction.
Ratio Decidendi
The High Court at Embu lacks jurisdiction to entertain an application seeking enforcement or punishment for disobedience of orders issued by the Court of Appeal. Only the Court of Appeal, as the issuing court, has the authority to deal with alleged disobedience of its orders. The applicant had previously filed a similar application before the Gichugu Court, which was also struck out for lack of jurisdiction. The proper forum for the applicant's grievance is the Court of Appeal, not the High Court. Accordingly, the application is struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- Application for Chamber Summons dated 21/9/2011 is struck out with no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MISC. CIVIL APPLICATION NO. 176 OF 2011
KIURA KIGUNDU.................................................................................................................APPLICANT
VERSUS
DAVID MURITHI.....................................................................................................1ST RESPONDENT
NJAGI KIGUNDU...................................................................................................2ND RESPONDENT
NJERU KIGUNDU..................................................................................................3RD RESPONDENT
MUCHIRA KIGUNDU.............................................................................................4TH RESPONDENT
R U L I N G
The orders the Applicant is complaining of were issued by the Court of Appeal sitting in Nyeri. It is only that court which can deal with the disobedience of its orders.
The Applicant filed a similar application before Gichugu Court which was struck out for the same reason. He is advised to file his application in the Court of Appeal which issued the orders he says have been disobeyed.
Order
Application for Chamber Summons dated 21/9/2011 is struck out with no order as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 21ST DAY OF OCTOBER 2011.
H. I. ONG’UDI
JUDGE