[2017] KEHC 5956 (KLR)
The High Court clarified that its earlier judgment had declared the contempt of court proceedings before the Resident Magistrate a nullity due to lack of jurisdiction and violation of the applicants' right to a fair trial under Article 50 of the Constitution. Consequently, any fines or cash bail paid by the...
Source-derived case information.
- Citation
- [2017] KEHC 5956 (KLR)
- Parties
- Applicant: Republic; Respondent: Chief Magistrate’s Court Nairobi; Applicant: Jeff Koinange; Applicant: Tony Gachoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 151 of 2015
- Procedural Posture
- Judicial Review / Ruling on Clarification of Judgment
- Outcome
- clarification granted; refund of fines/cash bail ordered
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Contempt of Court, Jurisdiction, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chief Magistrate’s Court Nairobi
Respondent
Jeff Koinange
Applicant
Tony Gachoka
Applicant
Procedural Posture
Judicial Review / Ruling on Clarification of Judgment
Legal Issues
- 1 Whether the contempt of court proceedings before the Resident Magistrate were conducted without jurisdiction.
- 2 Whether the procedure adopted violated the applicants' right to a fair trial under Article 50 of the Constitution.
- 3 Whether fines or cash bail paid pursuant to the impugned proceedings should be refunded.
Ratio Decidendi
The High Court clarified that its earlier judgment had declared the contempt of court proceedings before the Resident Magistrate a nullity due to lack of jurisdiction and violation of the applicants' right to a fair trial under Article 50 of the Constitution. Consequently, any fines or cash bail paid by the applicants in those proceedings were illegally collected and must be refunded. The court emphasized that it cannot benefit from an illegal order made without jurisdiction, and directed that the refunds be made to the ex parte applicants through their legal counsel.
Court Disposition
clarification granted; refund of fines/cash bail ordered
Orders
- Fines or cash bail paid by the ex parte applicants in the contempt proceedings shall forthwith be refunded to Jeff Koinange and Tony Gachoka through their respective legal counsels.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW NO. 151 OF 2015
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
REPUBLIC..............................................................................APPLICANT
VERSUS
CHIEF MAGISTRATE’S COURT NAIROBI..........................RESPONDENT
EXPARTE
1. JEFF KOINANGE
2. TONY GACHOKA
AND
KWACHA GROUP OF COMPANIES...................1ST INTERESTED PARTY
JIMI WANGIGI....................................................2ND INTERESTED PARTY
SANI MBUI WANJIGI..........................................3RD INTERESTED PARTY
SANI SHOLLEI.....................................................4TH INTERESTED PARTY
JEFF KOINANGE................................................5TH INTERESTED PARTY
KENYA TELEVISION NETWORK.........................6TH INTERESTED PARTY
STANDARD GROUP LIMITED.............................7TH INTERESTED PARTY
TONY GACHOKA.................................................8TH INTERESTED PARTY
NATION MEDIA GROUP LIMITED.......................9TH INTERESTED PARTY
YOU TUBE.........................................................10TH INTERESTED PARTY
RULING ON CLARIFICATION OF THE JUDGMENT DATED 27TH FEBRUARY, 2017
1. At paragraph 108 of the judgment of this court dated 27th February 2017, the court was very clear that: “…..and I so declare and order those proceedings a nullity.” This was with regard to the proceedings before the subordinate court per Mrs M. Chesang which were brought into this court for purposes of quashing.
2. The court at paragraph 110 of the said judgment was also clear that “on the whole, the Resident Magistrate in conducting the contempt of court proceedings for alleged breach of a mandatory injunction acted without jurisdiction and further, that whole procedure adopted by her violated the applicant’s right to a fair trial under Article 50 of the Constitution” and at paragraph 111 of the judgment, I declared the contempt of court proceedings conducted by Mrs M. Chesang Resident Magistrate a nullity and that any consequential orders thereto must be declared a nullity as they were conducted without jurisdiction and in total violation of the exparte applicant’s fundamental rights guaranteed by the Constitution.
3. That being the case, any fines or cash bail paid by the applicants in the contempt proceedings was illegally collected and must as a matter of course be refunded to the exparte applicants without any resistance or at all as the court cannot benefit from an illegal order that was made without jurisdiction.
4. Accordingly, the clarity I give is that the fines/cash bail paid by the two exparte applicants herein shall forthwith be refunded to the exparte applicants Jeff Koinange and Tony Gachoka, through their respective legal counsels on record.
Orders accordingly
Dated, signed and delivered at Nairobi this 26th day of April, 2017.
R.E. ABURILI
JUDGE