[2024] KEHC 11060 (KLR)
The court found that the respondents, specifically the Executive Member of Finance Kisumu County and the Chief Officer Finance Kisumu County, were duly served with the court's orders of mandamus and a demand for compliance. Despite this, they failed to comply with the orders and acted in defiance. The court held...
Source-derived case information.
- Citation
- [2024] KEHC 11060 (KLR)
- Parties
- Applicant: Majock Construction Co. Ltd; Respondent: The Executive Committee Member for Finance, County Government of Kisumu & 3 others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2024
- Procedural Posture
- Judicial Review / Ruling on Contempt Application
- Outcome
- Respondents found in contempt of court; matter set for mention for sentencing.
- Judges
- MS Shariff
- Legal Topics
- Contempt of Court, Mandamus Orders, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Majock Construction Co. Ltd
Applicant
The Executive Committee Member for Finance, County Government of Kisumu & 3 others
Respondent
Procedural Posture
Judicial Review / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents were served with the court's orders of mandamus and a demand for compliance.
- 2 Whether the respondents willfully disobeyed the court's orders, amounting to contempt of court.
Ratio Decidendi
The court found that the respondents, specifically the Executive Member of Finance Kisumu County and the Chief Officer Finance Kisumu County, were duly served with the court's orders of mandamus and a demand for compliance. Despite this, they failed to comply with the orders and acted in defiance. The court held that this conduct constituted contempt of court, as the respondents had knowledge of the orders and willfully disobeyed them. The finding of contempt was made in the absence of any opposition or explanation from the respondents, and the matter was set down for sentencing.
Court Disposition
Respondents found in contempt of court; matter set for mention for sentencing.
Orders
- The Executive Member of Finance Kisumu County, George Omondi, and Chief Officer Finance Kisumu County are found in contempt of court.
- The matter shall be mentioned on 26.9.2024 for purposes of sentencing.
Full Case Text
Judgment text and source record
18 paragraphs
Majock Construction Co. Ltd v Executive Committee Member for Finance, County Government of Kisumu & 3 others (Judicial Review E003 of 2024) [2024] KEHC 11060 (KLR) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11060 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E003 of 2024
MS Shariff, J
September 19, 2024
Between
Majock Construction Co. Ltd
Applicant
and
The Executive Committee Member for Finance, County Government of Kisumu & 3 others
Respondent
Ruling
1. I have considered the notice of motion dated 10. 6.2024 brought under Section 5 of the Judicature Act CAP 8, the supporting affidavit of Samuel Ochieng Amam of even date and the enclosures thereto and I have also had the submissions of Counsels for the parties while noting that the application stands unopposed to-date.
2. It is factually true that whereas this court granted the ex parte Applicant orders of mandamus on 5. 6.2024 and that the Respondents were duly served with a demand and the order on 7. 6.2024 they have opted to act in defiance and have disobeyed the said orders wherefore I do hereby find the Executive Member of Finance Kisumu County one George Omondi and Chief Officer Finance Kisumu County in contempt of court.
3. This matter shall be mentioned on 26. 9.2024 for purposes of sentencing.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE