[2018] KEHC 8513 (KLR)
The court found that the 2nd and 3rd Respondents were in contempt of its orders by failing to produce the Applicant as previously directed. To enforce compliance and uphold the authority of the court, it ordered the Respondents to produce the Applicant before the court by a specified time and date. The court further...
Source-derived case information.
- Citation
- [2018] KEHC 8513 (KLR)
- Parties
- Applicant: Miguna Miguna; Respondent: Director of Public Prosecutions; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 57 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt and Enforcement of Court Orders
- Outcome
- Orders issued for production of Applicant and suspension of criminal proceedings pending compliance.
- Judges
- LK Kimaru
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Police Powers, Remedies for Noncompliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miguna Miguna
Applicant
Director of Public Prosecutions
Respondent
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt and Enforcement of Court Orders
Legal Issues
- 1 Whether the 2nd and 3rd Respondents are in contempt of court for failing to produce the Applicant as ordered.
- 2 What remedial action the court should take to enforce compliance with its orders.
Ratio Decidendi
The court found that the 2nd and 3rd Respondents were in contempt of its orders by failing to produce the Applicant as previously directed. To enforce compliance and uphold the authority of the court, it ordered the Respondents to produce the Applicant before the court by a specified time and date. The court further suspended any criminal proceedings against the Applicant in any court in Kenya until the Respondents complied with the production order. The court directed the Director of Public Prosecutions to notify the relevant officers to personally ensure the Applicant's appearance, emphasizing the need for strict adherence to court orders and warning against further disobedience.
Court Disposition
Orders issued for production of Applicant and suspension of criminal proceedings pending compliance.
Orders
- The 2nd and 3rd Respondents must produce the Applicant before this court by 11:00 a.m. on 7th February 2018.
- All criminal proceedings against the Applicant in any court in Kenya are suspended until the Respondents comply with the production order.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.57 OF 2018
MIGUNA MIGUNA...........................................................................APPLICANT
-VERSUS-
THE DIRECTOR OF PUBLIC PROSECUTIONS..............1STRESPONDENT
THE DIRECTOR OF CRIMINAL INVESTIGATIONS.....2NDRESPONDENT
THE INSPECTOR GENERAL OF POLICE.......................3RDRESPONDENT
RULING
It is apparent that the 2nd and 3rd Respondents are in contempt of the orders of this court. They have refused or failed to surrender the Applicant to this court so that he can be released in terms of the orders of the court issued today. It is clear that unless this court takes appropriate remedial action, the 2nd and 3rd Respondents will continue to treat the orders of this court with impunity. In the premises therefore, the 2nd and 3rd Respondents must produce the Applicant before this court by 11. 00 a.m. on 7th February 2018. To avoid any mischief and further disobedience of the orders of the court, this court hereby suspends any criminal proceedings against the Applicant in any court in the Republic of Kenya until the 2nd and 3rd Respondents abides by the orders of this court to produce the Applicant before this court. The Director of Public Prosecutions shall notify the Director of Criminal Investigations, Mr. George Kinoti and Mr. Said, the Officer In-Charge Flying Squad to personally avail the Applicant before this court unless they release the Applicant to the custody of this court before 11. 00 a.m. on 7th February 2018. Mention at 11. 00 a.m. on 7th February 2018 for further orders.
DATED AT NAIROBI THIS 6TH DAY OF FEBRUARY 2018
L. KIMARU
JUDGE