[2015] KEHC 7714 (KLR)
The court held that, pursuant to the prevailing legal position as established by the Court of Appeal in Christine Wangari Gachege vs. Elizabeth Wanjiru Evans & Others (2014) eKLR, it is not necessary to seek leave before commencing contempt of court proceedings. The application for leave was therefore procedurally...
Source-derived case information.
- Citation
- [2015] KEHC 7714 (KLR)
- Parties
- Applicant: Paulina Chemutai; Respondent: Kipyegon Arap Sang; Respondent: Maria Tapsagaa Chirchir; Respondent: Jacqueline Chepkorir; Respondent: Peter K. Langat; Contemnor: Jotham Ngeno
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 57 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application struck out
- Judges
- MA Silau
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paulina Chemutai
Applicant
Kipyegon Arap Sang
Respondent
Maria Tapsagaa Chirchir
Respondent
Jacqueline Chepkorir
Respondent
Peter K. Langat
Respondent
Jotham Ngeno
Contemnor
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether leave is required to commence contempt of court proceedings under the current law.
Ratio Decidendi
The court held that, pursuant to the prevailing legal position as established by the Court of Appeal in Christine Wangari Gachege vs. Elizabeth Wanjiru Evans & Others (2014) eKLR, it is not necessary to seek leave before commencing contempt of court proceedings. The application for leave was therefore procedurally unnecessary and thus misconceived. As a result, the application was struck out for being misplaced, with no orders as to costs.
Court Disposition
application struck out
Orders
- The application dated 28th September, 2015 is struck out.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ENVIRONMENT AND LAND DIVISION
MISCELLANEOUS CIVIL APPLICATION NO.57 OF 2015
PAULINA CHEMUTAI..........................................................APPLICANT
VERSUS
KIPYEGON ARAP SANG.........................................1ST RESPONDENT
MARIA TAPSAGAA CHIRCHIR.............................2ND RESPONDENT
JACQUELINE CHEPKORIR...................................3RD RESPONDENT
PETER K. LANGAT..................................................4TH RESPONDENT
AND
JOTHAM NGENO............................................................CONTEMNOR
R U L I N G
(Application seeking leave to commence contempt proceedings; current law not providing for such leave; leave not necessary; application struck out.)
I have seen the application herein dated 28th September, 2015. It seeks leave to commence contempt proceedings. The current law is that leave is not necessary before one may commence contempt proceedings. See the Court of Appeal decision in the case of Christine Wangari Gachege vs. Elizabeth Wanjiru Evans & Others (2014) eKLR.
The application herein is therefore misplaced and is struck out with no orders as to costs.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 1st DAY OF OCTOBER, 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
In the presence of;
Mr. Caleb Koech for Applicant