[2009] KEHC 1725 (KLR)
The court found that the respondent was duly served with the relevant court order and was aware of its existence, having been present in the Magistrate's Court when the injunction was issued. Despite this, the respondent continued to disobey the order and did not appear to oppose the application for committal. The...
Source-derived case information.
- Citation
- [2009] KEHC 1725 (KLR)
- Parties
- Applicant: Purity Wanja M’Rithaa; Respondent: Joseph S. Karasha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 107 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Committal for Contempt
- Outcome
- application granted; respondent committed for contempt of court
- Judges
- JM Khamoni
- Legal Topics
- Contempt of Court, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Purity Wanja M’Rithaa
Applicant
Joseph S. Karasha
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Committal for Contempt
Legal Issues
- 1 Whether the respondent disobeyed a valid court order issued by the Magistrate's Court.
- 2 Whether the respondent should be committed to jail for contempt of court.
Ratio Decidendi
The court found that the respondent was duly served with the relevant court order and was aware of its existence, having been present in the Magistrate's Court when the injunction was issued. Despite this, the respondent continued to disobey the order and did not appear to oppose the application for committal. The court held that there was no good reason not to grant the application, and accordingly, the respondent was found in contempt of court and ordered to be committed to jail for a period of three months.
Court Disposition
application granted; respondent committed for contempt of court
Orders
- The Notice of Motion dated 20th February 2009 is granted as prayed.
- The respondent, Joseph S. Karasha, is committed to jail for a period of three (3) months for contempt of court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Miscellaneous Application 107 of 2009
PURITY WANJA M’RITHAA.........................APPLICANT
A N D
JOSEPH S. KARASHA............................RESPONDENT
P R O C E E D I N G S
26/5/09
Coram:
Khamoni J.
Court Clerk – Florence
Mr. Mwenda for the Applicant
No appearance for the Respondent
Mr. Mwenda:
The Application is Notice of Motion dated 20th February 2009 filed and served after leave to file it was obtained. Affidavit of Service filed. The order disobeyed is annexed to the Chamber Summons seeking leave.
Application not opposed. Committal for a maximum of 6 months still continuing to-day even after being served. He was present opposing the application for injunction in the Magistrate’s Court and is very much aware of the injunction issued by the Magistrate. Pray for orders.
Court:
Ruling on 5th June 2009.
J. M. KHAMONI
JUDGE
R U L I N G
From what has been brought to my attention during the hearing of this Notice of Motion dated 20th February 2009 and proceeding unopposed though the Respondent served, I find no good reason why I should not grant the said Notice of Motion and therefore the same is hereby granted as prayed and the Respondent to be committed to jail for a period of three (3) months.
Dated this 5th day of June 2009.
J. M. KHAMONI
JUDGE