[2025] KEHC 9571 (KLR)
The court held that if the respondents are found to be in contempt of court for disobeying conservatory orders, they will not be granted audience until they purge the contempt. The court directed that the application alleging contempt and the respondents' preliminary objection be heard together, with a strict...
Source-derived case information.
- Citation
- [2025] KEHC 9571 (KLR)
- Parties
- Applicant: Dorcas Mlughu & 3 others; Respondent: Acting Speaker of the County Assembly of Taita Taveta; Respondent: Privileges and Immunities Committee; Respondent: County Assembly of Taita Taveta
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E013 of 2025
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Contempt and Directions for Submissions
- Outcome
- Directions issued for simultaneous hearing of contempt application and preliminary objection; strict timelines for submissions; mention date set.
- Judges
- AN Ongeri
- Legal Topics
- Contempt of Court, Conservatory Orders, Removal From Office, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dorcas Mlughu & 3 others
Applicant
Acting Speaker of the County Assembly of Taita Taveta
Respondent
Privileges and Immunities Committee
Respondent
County Assembly of Taita Taveta
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Contempt and Directions for Submissions
Legal Issues
- 1 Whether the respondents are in contempt of court for proceeding with the removal of the petitioners despite conservatory orders.
- 2 Whether respondents should be denied audience until contempt is purged.
- 3 Directions for hearing the application and preliminary objection.
Ratio Decidendi
The court held that if the respondents are found to be in contempt of court for disobeying conservatory orders, they will not be granted audience until they purge the contempt. The court directed that the application alleging contempt and the respondents' preliminary objection be heard together, with a strict timetable for the filing of submissions by both parties. The court emphasized the importance of compliance with court orders and set a mention date for further directions.
Court Disposition
Directions issued for simultaneous hearing of contempt application and preliminary objection; strict timelines for submissions; mention date set.
Orders
- Applicants to file submissions on the application dated 17th June 2025 within 3 days.
- Respondents to file submissions on the application and preliminary objection within 3 days thereafter.
Full Case Text
Judgment text and source record
27 paragraphs
Mlughu & 3 others v Acting Speaker of the County Assembly of Taita Taveta & 2 others (Constitutional Petition E013 of 2025) [2025] KEHC 9571 (KLR) (24 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9571 (KLR)
Republic of Kenya
In the High Court at Voi
Constitutional Petition E013 of 2025
AN Ongeri, J
June 24, 2025
Between
Dorcas Mlughu & 3 others & 3 others & 3 others
Applicant
and
Acting Speaker of the County Assembly of Taita Taveta
1st Respondent
Privileges and Immunities Committee
2nd Respondent
County Assembly of Taita Taveta
3rd Respondent
Ruling
1. The Petitioners filed an application dated 16th June 2025 and conservatory orders were granted.
2. It is alleged that the Respondents went ahead and proceeded with removal of the Petitioners despite having been served with the conservatory orders.
3. If indeed the Respondents are in contempt then they will not be given audience before this court until they purge the contempt.
4. I direct that the application dated 17th June 2025 be canvassed simultaneously with Notice of Preliminary Objection.
5. The Applicants on the application dated 17th June 2025 to file their submissions first within 3 days of this date.
6. Thereafter the Respondents to file their submissions in the application dated 17th June 2025 together with submissions in the Notice of Preliminary Objection within 3 days.
7. The Petitioners will have a right of rejoinder within 3 days thereafter.
8. Mention on 1st July 2025 for a Ruling date.
DATED, SIGNED AND DELIVERED THIS 24TH DAY OF JUNE 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MillicentMr. Mwazighe for the PetitionerMr. Nyange together Mr. Ngwale for the Respondents