[2017] KEHC 1242 (KLR)
The court found that the respondents were in contempt of the orders issued by the Business Premises Rent Tribunal. In determining the appropriate sentence, the court considered the respondents' mitigation, including their claim of honest mistake and plea for forgiveness. However, the court emphasized the need to...
Source-derived case information.
- Citation
- [2017] KEHC 1242 (KLR)
- Parties
- Applicant: Leah Wangechi Gioche; Respondent: Best Lady Cosmetics Shop Limited; Respondent: Daniel Munyaka; Respondent: David Kirimi T/A Kinyanjui Kirimi & Co Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 238 of 2015
- Procedural Posture
- Miscellaneous Application / Sentencing After Contempt Conviction
- Outcome
- Respondents fined for contempt; custodial sentence in default for 2nd and 3rd respondents.
- Judges
- JK Sergon
- Legal Topics
- Contempt of Court, Enforcement of Orders, Sentencing, Business Premises Rent Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leah Wangechi Gioche
Applicant
Best Lady Cosmetics Shop Limited
Respondent
Daniel Munyaka
Respondent
David Kirimi T/A Kinyanjui Kirimi & Co Advocates
Respondent
Procedural Posture
Miscellaneous Application / Sentencing After Contempt Conviction
Legal Issues
- 1 Whether the respondents should be punished for contempt of court orders issued by the Business Premises Rent Tribunal.
- 2 What is the appropriate sentence for the contempt committed by the respondents.
Ratio Decidendi
The court found that the respondents were in contempt of the orders issued by the Business Premises Rent Tribunal. In determining the appropriate sentence, the court considered the respondents' mitigation, including their claim of honest mistake and plea for forgiveness. However, the court emphasized the need to uphold the authority of court orders. Balancing these factors, the court determined that a non-custodial sentence was appropriate. Each respondent was fined KES 100,000, with a provision for attachment and sale of the 1st respondent's property in default, and civil jail for the 2nd and 3rd respondents if they failed to pay the fine.
Court Disposition
Respondents fined for contempt; custodial sentence in default for 2nd and 3rd respondents.
Orders
- Each respondent to pay a fine of KES 100,000 within 7 days from the date of the order.
- In default of payment by the 1st respondent, its property may be attached and sold to recover the fine.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL MISC APPL. NO. 238 OF 2015
LEAH WANGECHI GIOCHE..................................................APPLICANT
-V E R S U S –
BEST LADY COSMETICS SHOP LIMITED............ 1ST RESPONDENT
DANIEL MUNYAKA .................................................. 2ND RESPONDENT
DAVID KIRIMI
T/A KINYANJUI KIRIMI & CO ADVOCATES..........3RD RESPONDENT
ORDER ON SENTENCING
1)On 29th September 2016, this court convicted the respondents for contempt of the orders issued by the Business Premises Rent Tribunal issued on 21st October 2014. The respondents were invited to make submissions in mitigation.I have considered the mitigating factors.The respondents have argued that they made a genuine and honest mistake which was not calculated to disobey the court order.This court was beseeched to forgive the parties and discharge them.
2)Having considered all the relevant factors, I am convinced that the appropriate sentence to be meted out should be non-custodial.Consequently I order that each respondent should pay a fine of ksh.100,000/= within 7 days from the date hereon.In default, the 1st respondent’s property may be attached and sold to recover the amount of the fine.However as for the 2nd and the 3rd respondents if they fail to pay the fine they should each serve 2 months in civil jail.
Dated, Signed and Delivered in open court this 16th day of November, 2017.
J. K. SERGON
JUDGE
In the presence of:
.................................................... for the Plaintiff
..................................................... for the Defendant