[2024] KEHC 5280 (KLR)
The court found that the Respondent was aware of the court's orders requiring payment of Kshs. 2,217,697/= and had been duly served with the Notice to Show Cause. The Respondent failed to appear or provide evidence of payment or compliance. The court emphasized that court orders are binding and must be obeyed, and...
Source-derived case information.
- Citation
- [2024] KEHC 5280 (KLR)
- Parties
- Applicant: Henry Omweri & others; Respondent: PS, Ministry of Lands and Housing & others
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 22 of 2010
- Procedural Posture
- Judicial Review / Ruling on Contempt Application
- Outcome
- Respondent found guilty of contempt of court for failure to comply with payment order.
- Judges
- HM Nyaga
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Omweri & others
Applicant
PS, Ministry of Lands and Housing & others
Respondent
Procedural Posture
Judicial Review / Ruling on Contempt Application
Legal Issues
- 1 Whether the Respondent is in contempt of court for failing to pay the sum ordered by the court.
- 2 Whether warrants of arrest should issue against the Permanent Secretary for non-compliance with the court order.
Ratio Decidendi
The court found that the Respondent was aware of the court's orders requiring payment of Kshs. 2,217,697/= and had been duly served with the Notice to Show Cause. The Respondent failed to appear or provide evidence of payment or compliance. The court emphasized that court orders are binding and must be obeyed, and the Respondent's prolonged non-compliance—over a decade after judgment—constituted contempt. Accordingly, the court found the Respondent guilty of contempt of court orders issued on 20th May 2011 and directed the Respondent to appear for sentencing.
Court Disposition
Respondent found guilty of contempt of court for failure to comply with payment order.
Orders
- Respondent to appear in court on 24th June 2024 for sentencing.
- Orders to be extracted and served upon the Respondent forthwith.
Full Case Text
Judgment text and source record
24 paragraphs
Omweri & others v PS, Ministry of Lands and Housing & others (Judicial Review 22 of 2010) [2024] KEHC 5280 (KLR) (22 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5280 (KLR)
Republic of Kenya
In the High Court at Nakuru
Judicial Review 22 of 2010
HM Nyaga, J
April 22, 2024
Between
Henry Omweri & others
Applicant
and
PS, Ministry of Lands and Housing & others
Respondent
Ruling
1. The Applicants sought orders that the Respondent be punished for contempt of court for failing to pay a sum of Kshs. 2,217,697/= as ordered by the court.
2. On 17th April, 2024, the Applicants appeared in court and stated that the Respondents have been served with the Notice to Show Cause (NTSC) dated 20th February 2024. through their advocate. The Applicants sought to have warrants of arrest issued against the Permanent Secretary, Lands and Housing, for failure to effect payment as ordered.
3. The Respondent, though served, did not appear.
4. I have considered the N.T.S.C. and the issues arising. There is no dispute that there is a pending judgment which has not been satisfied.
5. Further, there is no dispute that the Respondent has been aware of the orders of the court. There is no evidence of payment tendered by the Respondent.
6. Court orders are not mere words, written down or spoken. They are issued pursuant to a process and all persons and bodies have a duty to comply with them. It is unfortunate that the applicants have had to wait for over a decade to enjoy the fruits of their judgment.
7. There being no response from the Respondent, I find him guilty of contempt of court orders issued on 20th May 2011.
8. Consequently, I direct that the Respondent appears in this court on 24th June 2024 for purposes of sentencing.
9. These orders are to be extracted and served upon the Respondent forthwith.
DATED AND DELIVERED AT NAKURU THIS 22ND DAY OF APRIL, 2024. ****H. M. NYAGA,JUDGE.Nakuru H.C. Judicial Review 22 of 2010 Page 1 of 1