[2017] KEHC 7151 (KLR)
The court held that contempt of court proceedings are penal in nature and target specific individuals, not institutions. Therefore, strict compliance with the requirement of personal service on the alleged contemnors is mandatory. Since the application was only served upon the secretary to the Deputy Director, Legal...
Source-derived case information.
- Citation
- [2017] KEHC 7151 (KLR)
- Parties
- Plaintiff: New Classic Travellers Sacco Ltd; Defendant: Nairobi City Council
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 98 of 2015
- Procedural Posture
- Civil Case / Directions on Contempt Application
- Outcome
- Application for contempt not considered due to improper service; directions issued for proper service.
- Legal Topics
- Contempt of Court, Personal Service, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Classic Travellers Sacco Ltd
Plaintiff
Nairobi City Council
Defendant
Procedural Posture
Civil Case / Directions on Contempt Application
Legal Issues
- 1 Whether the application for contempt of court can proceed without personal service on the named individuals.
- 2 Whether service upon the secretary to the Deputy Director, Legal Affairs Department, suffices for contempt proceedings targeting individuals.
Ratio Decidendi
The court held that contempt of court proceedings are penal in nature and target specific individuals, not institutions. Therefore, strict compliance with the requirement of personal service on the alleged contemnors is mandatory. Since the application was only served upon the secretary to the Deputy Director, Legal Affairs Department, and not personally on the three named officers, the court could not proceed to determine the application for contempt. The plaintiff must ensure that the individuals named in the application are personally served before the matter can be heard and determined.
Court Disposition
Application for contempt not considered due to improper service; directions issued for proper service.
Orders
- Counsel for the plaintiff to secure a hearing date in the registry.
- Plaintiff to personally serve the named individuals with the application.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 98 OF 2015
NEW CLASSIC TRAVELLERS SACCO LTD .….... PLAINTIFF
VERSUS
NAIROBI CITY COUNCIL……………………….… PLAINTIFF
DIRECTIONS
There are several applications on this file. When I retired to write the ruling to the application dated 28th April, 2015, I noted that there are three individuals who are targeted by the plaintiff applicant to be punished for contempt of court. These are Mr. Karisa Iha, Mrs. Violet Ovoga Onyangi and Mr. Patrick Onyango. These individuals are said to be officers of the defendant/respondent holding different titles.
An order to punish a party for contempt of court targets an individual and not the institution. The return of service of record indicates that the application was served upon the secretary to the Deputy Director, Legal Affairs Department. That secretary is not a party to these proceedings. Punishment for contempt of court leads to a punishment of either imprisonment or a fine or attachment of property. It behoves an applicant therefore to ensure that personal service is affected upon the offending party. No personal service has been effected on the three individual officers whose names I have set herein above.
I cannot therefore proceed to write a ruling in respect of the application based on such service. I therefore direct that counsel for the plaintiff secures a hearing date in the registry and serve the individuals that have been named in the application.
A.MBOGHOLI MSAGHA
JUDGE
Dated, signed and delivered at Nairobi this 23rd Day of February, 2017
JUDGE