[2015] KEHC 680 (KLR)
The court recognizes its supervisory jurisdiction over subordinate courts as provided by Article 165(6) of the Constitution. While the order committing the judgment debtor to civil jail is ordinarily appealable, the penal consequences and implications for civil liberty may justify the court's intervention through...
Source-derived case information.
- Citation
- [2015] KEHC 680 (KLR)
- Parties
- Applicant: Patrick Johannes Osore; Respondent: Patrick Amwayi Shamwata
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 199 of 2015
- Procedural Posture
- Miscellaneous Application / Directions Prior to Hearing on Supervisory Jurisdiction
- Outcome
- Directions issued for parties to appear and address the court on the exercise of supervisory jurisdiction.
- Judges
- F Tuiyott
- Legal Topics
- Supervisory Jurisdiction, Revisionary Powers, Civil Jail Commitment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Johannes Osore
Applicant
Patrick Amwayi Shamwata
Respondent
Procedural Posture
Miscellaneous Application / Directions Prior to Hearing on Supervisory Jurisdiction
Legal Issues
- 1 Whether the High Court should exercise its supervisory jurisdiction under Article 165(6) of the Constitution in relation to the committal order.
- 2 Whether the order committing the judgment debtor to civil jail was legal, correct, or proper.
Ratio Decidendi
The court recognizes its supervisory jurisdiction over subordinate courts as provided by Article 165(6) of the Constitution. While the order committing the judgment debtor to civil jail is ordinarily appealable, the penal consequences and implications for civil liberty may justify the court's intervention through revisionary powers. The court therefore invites parties to address whether this is an appropriate case for such intervention and the legality, correctness, or propriety of the committal order.
Court Disposition
Directions issued for parties to appear and address the court on the exercise of supervisory jurisdiction.
Orders
- Parties or their counsel to appear before the court on 9th December 2015 at 11:00 a.m. to address the court on the exercise of supervisory jurisdiction and the legality of the committal order.
- Production order to issue for the attendance of the judgment debtor.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISC CIVIL APP. CASE NO. 199 OF 2015
PATRICK JOHANNES OSORE….../.APPLICANT
VERSUS
PATRICK AMWAYI SHAMWATA…RESPONDENT
DIRECTIONS
The Chief Magistrate draws my attention to an order of 30th November 2015 made by Hon. C. I. Agutu in Busia Civil Case No. 176 of 2011 PATRICK AMWAYI SHAMWATA VS- PATRICK JOHANNES OSORE in which the Learned Magistrate committed the Judgment debtor to Civil Jail for a period of 3 months. I am asked to intervene and exercise my Revisionary powers.
By dint of authority given by Article 165(6) of the Constitution 2010, the High Court has Supervisory Jurisdiction over Subordinate Courts. That said, the order made by the Learned Trial Judge is Appealable and any party dissatisfied could resort to an Appeal in the usual manner. On the other hand, because the order, although made in a Civil Suit, has penal consequences and implicates the Civil Liberty of an individual there may be justification for this Court to interrogate its legality, correctness and /or propriety under its Supervisory Jurisdiction.
In view of the above, I invite the parties herein or their Counsel to appear before me on 9th December 2015 at 11. 00 a.m. and to address me, inter alia, on the following:-
Whether this is a matter that deserves my interposition under Article 165(6) of the Constitution?
And if so, the legality, correctness or propriety of the order made by the Learned Trial Magistrate.
Production Order to issue for the attendance of the Judgment debtor.
F. TUIYOTT
JUDGE
2/12/2015