[2025] KEHC 2086 (KLR)
The court found that the respondents, having been found guilty of contempt for disobeying court orders to pay Kshs. 2,000,000 and appear for mitigation, have continued to disregard the authority of the court. Despite service of orders and attempts by their advocate to secure compliance, the respondents failed to...
Source-derived case information.
- Citation
- [2025] KEHC 2086 (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 of Court Orders
- Outcome
- Warrants of arrest issued against the contemnors for contempt of court; applicant to serve ruling and warrants on County Police Commander; mention for further directions set.
- Judges
- RE Aburili
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Judicial Review Remedies
- 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 of Court Orders
Legal Issues
- 1 Whether the respondents are in contempt of court for disobeying court orders requiring payment of Kshs. 2,000,000 and appearance for mitigation.
- 2 Whether warrants of arrest should be issued against the contemnors for continued disobedience of court orders.
Ratio Decidendi
The court found that the respondents, having been found guilty of contempt for disobeying court orders to pay Kshs. 2,000,000 and appear for mitigation, have continued to disregard the authority of the court. Despite service of orders and attempts by their advocate to secure compliance, the respondents failed to respond or appear. The court determined that the only effective remedy to enforce compliance and uphold the rule of law was to issue warrants of arrest against the contemnors, to be executed by the County Police Commander, so that the respondents may be brought before the court for mitigation and to show cause why they should not be punished for contempt.
Court Disposition
Warrants of arrest issued against the contemnors for contempt of court; applicant to serve ruling and warrants on County Police Commander; mention for further directions set.
Orders
- Warrants of arrest to be issued against Mr. Peter Ndegwa, County Secretary, and Mr. William Kimani, Chief Officer Finance, County Government of Kiambu.
- Warrants to be executed by the County Police Commander, Kiambu County.
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 2086 (KLR) (Judicial Review) (11 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2086 (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 11TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE