[2023] KEHC 17258 (KLR)
The court found that the contempt of court committed by the previous Land Registrar had been fully purged by the current office holder, who offered a sincere apology on behalf of her predecessor and the office. The court accepted the apology and recognized that the current officer was not personally responsible for...
Source-derived case information.
- Citation
- [2023] KEHC 17258 (KLR)
- Parties
- Applicant: Defina Khayosa Matakwa; Respondent: Simon Ng’Ang’A Mburu; Respondent: Official Receiver
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 2 of 2009
- Procedural Posture
- Bankruptcy Cause / Ruling on Contempt Application
- Outcome
- Application for contempt marked as settled; Land Registrar discharged from contempt; no order as to costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Contempt of Court, Purging Contempt, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Defina Khayosa Matakwa
Applicant
Simon Ng’Ang’A Mburu
Respondent
Official Receiver
Respondent
Procedural Posture
Bankruptcy Cause / Ruling on Contempt Application
Legal Issues
- 1 Whether the contempt of court committed by the Land Registrar was purged sufficiently to warrant discharge.
- 2 Whether costs should be awarded in relation to the contempt application.
- 3 Whether the court should continue to supervise the Receivership proceedings.
Ratio Decidendi
The court found that the contempt of court committed by the previous Land Registrar had been fully purged by the current office holder, who offered a sincere apology on behalf of her predecessor and the office. The court accepted the apology and recognized that the current officer was not personally responsible for the contempt. The court emphasized that disregard for court orders would not be tolerated in the future and that public officers remain liable for contempt even after leaving office. However, since the contempt was purged and the responsible officer was no longer in office, the court discharged the Land Registrar from contempt, marked the application as settled, and declined to...
Court Disposition
Application for contempt marked as settled; Land Registrar discharged from contempt; no order as to costs; file closed.
Orders
- The Land Registrar, Bungoma District Lands office is discharged from contempt of court.
- The application dated August 23, 2021 is marked as settled as the contempt has been purged.
Full Case Text
Judgment text and source record
27 paragraphs
Matakwa v Mburu & another (Bankruptcy Cause 2 of 2009) [2023] KEHC 17258 (KLR) (8 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17258 (KLR)
Republic of Kenya
In the High Court at Kisumu
Bankruptcy Cause 2 of 2009
RE Aburili, J
May 8, 2023
Between
Defina Khayosa Matakwa
Applicant
and
Simon Ng’Ang’A Mburu
1st Respondent
Official Reiver
2nd Respondent
Ruling
1. The Land Registrar, Bungoma Mrs. Violet Lamu is present in court. She is represented by Ms. Masaka, Litigation counsel who has submitted on behalf of the Land Registrar who committed the contempt in issue a Ms. Hellen Ojwang. She has confirmed and the Applicants’ counsel has confirmed that the contempt of court had been purged.
2. That she took over the office from the contemnor and has offered a profound apology for the blatant disregard of court orders, praying for discharge. The defence counsel Mr. Amasakha accepts the purging of the contempt but asks for costs and a mention dated to report on the progress of the Receivership proceedings.
3. I have considered the submissions by the contemnor’s counsel and the applicant’s counsel. The court accepts the apology offered by the Land Registrar through the Litigation Counsel because the contempt committed by the Land Registrar has been fully purged. The court however warns that blatant disregard for court orders shall not be entertained in future as they impede the fair administration of justice. The officer who is present did not commit the contempt but has purged the contempt on behalf of her predecessor and offered an apology on behalf of her colleague and the office being a public office.
4. However, the message that should be send out to the concerned public officer is that she can run but cannot hide. She is liable to be brought before the court for punishment as by law established for contemnors. For now, her colleague has sought forgiveness by the court which is accepted.
5. Accordingly, the Land Registrar, Bungoma District Lands office is hereby discharged from the contempt of court and therefore the application dated August 23, 2021 by way of Notice of Motion is hereby marked as settled as the contempt has been purged.
6. On costs, I observe that the officer who committed the contempt is not the one who purged the contempt and no longer occupies that office.
7. I order that there shall be no costs of the application.
8. On the request for a mention date, I observe that this matter is only but one of such cases by several creditors against the 1st Respondent Debtor. As the Official Receiver is now fully seized of the Receivership proceedings against the Debtor, this court cannot supervise the process through these proceedings which are now marked as closed.
9. This file is hereby closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF MAY, 2023R. E. ABURILIJUDGE