[2016] KEHC 2722 (KLR)
The court found that the respondent had complied with the court order by supplying the applicant with the verdict and proceedings documenting the applicant's indictment/verdict, as well as paying the sum awarded. The court had not ordered the supply of minutes confirming the verdict/indictment, and to require such...
Source-derived case information.
- Citation
- [2016] KEHC 2722 (KLR)
- Parties
- Applicant: Naphtally Omido; Respondent: The Board of Management, Namundera Mixed Sec. School
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 23 of 2016
- Procedural Posture
- Miscellaneous Application / Directions on Contempt Application and Closure of File
- Outcome
- Application for contempt of court is spent; file formally closed; no further orders as to costs.
- Judges
- CM Kariuki
- Legal Topics
- Contempt of Court, Compliance With Court Orders, Court Records, Closure of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naphtally Omido
Applicant
The Board of Management, Namundera Mixed Sec. School
Respondent
Procedural Posture
Miscellaneous Application / Directions on Contempt Application and Closure of File
Legal Issues
- 1 Whether the respondent complied with the court order to furnish the applicant with relevant documents.
- 2 Whether the applicant is entitled to further documents, specifically minutes confirming the verdict/indictment.
- 3 Whether the matter is now spent and the file should be closed.
Ratio Decidendi
The court found that the respondent had complied with the court order by supplying the applicant with the verdict and proceedings documenting the applicant's indictment/verdict, as well as paying the sum awarded. The court had not ordered the supply of minutes confirming the verdict/indictment, and to require such would amount to creating a new cause of action. The applicant is at liberty to use the documents furnished to pursue any further remedies, including appeal, and may seek additional records from the trial tribunal or court if necessary. The matter was deemed spent and the file was formally closed, with no further costs awarded.
Court Disposition
Application for contempt of court is spent; file formally closed; no further orders as to costs.
Orders
- The matter herein is spent and the instant file is formally closed.
- No more costs are justified.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
MISC. CIVIL CASE NO. 23 OF 2016.
NAPHTALLY OMIDO :::::::::::::::::::::::::::::::::::::::::APPLICANT.
VERSUS
THE BOARD OF MANAGEMENT
NAMUNDERA MIXED SEC. SCHOOL:::::::::::: RESPONDENTS.
DIRECTIONS.
1. The applicant appeared in court with respondent on 23rd September, 2016 complaining that the respondent had not complied with court order in that the minutes confirming the verdict/indictment had not been supplied to him. He agrees he was supplied with verdict and proceedings thereof. He was also paid Ksh. 10,000/= awarded by the court.
2. The applicant had lodged a motion for contempt of court application to compel respondent to comply with the court order. I have perused the document furnished to the applicant and the order made herein. I am satisfied that the court ordered the proceedings that documented the applicant indictment/verdict.
3. The court did not order minutes confirming the same to be supplied as that would amount to afresh cause of action, if court is to engage in entertaining the same. The applicant can lodge his appeal and/or seek remedy using the furnished documents and if he finds same inadequate, he can seek assistance of the trial tribunal/court to call for more records.
4. For now the court finds the matter herein are spent and the instant file is formally closed. No more costs are justified in view of the aforegoing circumstances.
Orders accordingly.
SIGNED, DATED AND DELIVEREDat KAKAMEGAthis 29TH day of SEPTEMBER, 2016.
C. KARIUKI
JUDGE
In the presence of:-
....................................................................................for the Applicant.
.....................................................................................for the Respondent.
......................................................................................Court Assistant