[2025] KEHC 16994 (KLR)
The court found that the respondents, having been found guilty of contempt on 17/3/2024, have continued to brazenly disobey court orders requiring payment of Kshs. 2,000,000 and appearance for mitigation. The respondents' advocate's inability to contact them does not excuse their non-compliance. The court determined...
Source-derived case information.
- Citation
- [2025] KEHC 16994 (KLR)
- Parties
- Applicant: Daniel Karuru Mwaura T/A Karuru Mwaura & Co. Advocates; Respondent: County Secretary, Kiambu County; Respondent: Chief Officer Finance, County Treasurer; Respondent: County Government Of Kiambu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E083 of 2022
- Procedural Posture
- Judicial Review Application / Ruling on Contempt and Enforcement Orders
- Outcome
- Warrants of arrest issued against the contemnors for disobedience of court orders.
- Judges
- RE Aburili
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Karuru Mwaura T/A Karuru Mwaura & Co. Advocates
Applicant
County Secretary, Kiambu County
Respondent
Chief Officer Finance, County Treasurer
Respondent
County Government Of Kiambu
Respondent
Procedural Posture
Judicial Review Application / Ruling on Contempt and Enforcement Orders
Legal Issues
- 1 Whether the respondents have willfully disobeyed court orders requiring payment and appearance for mitigation.
- 2 Whether warrants of arrest should be issued against the contemnors for continued contempt of court.
Ratio Decidendi
The court found that the respondents, having been found guilty of contempt on 17/3/2024, have continued to brazenly disobey court orders requiring payment of Kshs. 2,000,000 and appearance for mitigation. The respondents' advocate's inability to contact them does not excuse their non-compliance. The court determined that the only effective remedy is to issue warrants of arrest against the contemnors to compel their appearance for mitigation and to show cause why they should not be punished for continued contempt. The court emphasized the necessity of upholding the authority of court orders and ensuring compliance through coercive means where voluntary compliance fails.
Court Disposition
Warrants of arrest issued against the contemnors for disobedience of court orders.
Orders
- Warrants of arrest to be issued and executed by the County Police Commander, Kiambu County, against Mr. Peter Ndegwa and Mr. William Kimani.
- The applicant to facilitate the County Commander in effecting the arrests.
Full Case Text
Judgment text and source record
29 paragraphs
Mwaura t/a Karuru Mwaura & Co Advocates v County Secretary, Kiambu County & 2 others (Judicial Review Application E083 of 2022) [2025] KEHC 16994 (KLR) (Judicial Review) (11 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16994 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E083 of 2022
RE Aburili, J
February 11, 2025
Between
Daniel Karuru Mwaura T/A Karuru Mwaura & Co. Advocates
Applicant
and
County Secretary, Kiambu County
1st Respondent
Chief Officer Finance, County Treasurer
2nd Respondent
County Government Of Kiambu
3rd Respondent
Ruling
1. On 16/1/2025, this court directed the Respondents, contemnor County Secretary and Chief Officer, Finance Kiambu County Government to appear in court today for mitigation following the finding of guilt for contempt of court and disobedient of court orders on 17/2/2024.
2. The Advocate for the Respondents has expressed his frustrations in his bid to contact the Respondents to comply with orders of the court. He extracted and served the Respondents with the court order of 16/1/2025 requiring them to pay the Kshs. 2,000,000 into court by generating for them an invoice to facilitate ease of payment and also the order that they appear today for mitigation was served upon them by their advocates.
3. The Advocate also called them but that their phones have gone unanswered. He asks for more time to try and contact them again.
4. The applicants’ counsel prays for a warrant of arrest to be issued and executed by Kiambu County Police Commander to arrest and bring the two contemnors to court.
5. I have heard both parties’ counsel and revisited the orders of contempt made on 17/3/2024 which have never been challenged, and the subsequent orders for settlement of the decree which orders have been brazenly disobeyed by the Respondents.
6. This court is left with no option but to issue warrant of arrest against the respondents to appear in court, mitigate and show cause why they cannot be punished for continuous brazen disobedience of court orders.
7. Accordingly, I hereby issue warrants of arrest for the arrest of Mr. Peter Ndegwa, County Secretary, County Government of Kiambu and Mr. William Kimani, Chief Officer, Finance, County Government of Kiambu, who were found by this court to be in contempt of court on 17/3/2024 and the warrants of arrest to be executed by the County Police Commander, Kiambu County. The applicant shall facilitate the County Commander to cause the arrest of the two officers who shall be brought before this court immediately upon arrest, for mitigation as earlier directed.
8. The applicant to serve a copy of this Ruling together with the warrants of arrest upon the Police County Commander, Kiambu County.
9. Mention on 26/2/2025 for further directions. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11THDAY OF FEBRUARY, 2025R.E. ABURILIJUDGE