[2024] KEELC 3851 (KLR)
The court found that the respondents had failed to comply with a valid court order of mandamus requiring payment of a judgment debt to the ex parte applicant. Despite being given time and opportunities to demonstrate compliance or progress towards payment, the respondents neither paid the sum nor filed any affidavit...
Source-derived case information.
- Citation
- [2024] KEELC 3851 (KLR)
- Parties
- Applicant: Republic; Respondent: County Secretary, Kisii County Government; Respondent: Chief Officer, Finance; Respondent: Kisii County Government; Applicant: David Moranga Oyugi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E001 of 2022
- Procedural Posture
- Judicial Review Application / Ruling on Contempt Application
- Outcome
- Application for contempt allowed. 2nd respondent to be arrested and committed to civil jail for six months or until payment is made. Costs awarded to ex parte applicant.
- Judges
- M Sila
- Legal Topics
- Mandamus Orders, Contempt of Court, Enforcement of Judgments, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Secretary, Kisii County Government
Respondent
Chief Officer, Finance
Respondent
Kisii County Government
Respondent
David Moranga Oyugi
Applicant
Procedural Posture
Judicial Review Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents are in contempt of court for failing to comply with an order of mandamus compelling payment of a judgment debt.
- 2 Whether the 2nd and 3rd respondents should be committed to civil jail or have their property attached to enforce the decree.
Ratio Decidendi
The court found that the respondents had failed to comply with a valid court order of mandamus requiring payment of a judgment debt to the ex parte applicant. Despite being given time and opportunities to demonstrate compliance or progress towards payment, the respondents neither paid the sum nor filed any affidavit to show efforts made. The court held that this conduct amounted to contempt of court. As a result, the court ordered the arrest and committal of the 2nd respondent (Chief Officer, Finance) to civil jail for six months or until the judgment debt is paid, whichever occurs first. The court emphasized the importance of upholding the authority of court orders and ensuring that...
Court Disposition
Application for contempt allowed. 2nd respondent to be arrested and committed to civil jail for six months or until payment is made. Costs awarded to ex parte applicant.
Orders
- The 2nd respondent (Chief Officer, Finance) is to be arrested and committed to civil jail for six months from execution of the warrant or until the judgment debt is paid, whichever comes earlier.
- The warrant of arrest and committal to civil jail is to be extracted and executed by the OCS, Kisii Police Station.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v County Secretary, Kisii County Government & 2 others; Oyugi (Exparte) (Environment and Land Judicial Review Case E001 of 2022) [2024] KEELC 3851 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEELC 3851 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Environment and Land Judicial Review Case E001 of 2022
M Sila, J
May 16, 2024
Between
Republic
Applicant
and
County Secretary, Kisii County Government
1st Respondent
Chief Officer, Finance
2nd Respondent
Kisii County Government
3rd Respondent
and
David Moranga Oyugi
Exparte
Ruling
1. The ex parte applicant commenced this case seeking orders of mandamus to compel the 1st – 3rd respondents to satisfy the judgment and decree in Kisii ELC Petition No. 9 of 2016, David Moranga Oyugi v County Government of Kisii & 4 Others where the ex parte applicant held a decree for Kshs. 5,605,885/=. I heard the case and allowed it in my judgment delivered on 8 February 2023. I issued an order of mandamus compelling the respondents to jointly and/or severally make good the payment of Kshs. 5,605,885/= forthwith together with interest and costs of this suit. Despite the order of mandamus no payment was made.
2. The ex parte applicant has now filed the application dated 28 July 2023 asking this court to find that the respondents are in contempt and to have the 2nd and 3rd respondents arrested and committed to civil jail, or have their properties attached, to satisfy the decree. When the matter came up for inter partes hearing on 26 October 2023, Mr. Kaburi, learned counsel for the respondents stated that the County Government has made arrangements to pay. He stated from the bar that the decree was passed in the budget and that he expected payment to be made by March 2024. Given those submissions, I directed that the matter be mentioned on 23 April 2024. On 23 April 2024, Mr. Kaburi, again from the bar, stated that the money was to be put in a supplementary budget but the same was shot down. He had no issue if the application is allowed.
3. I have considered the application. It is not opposed. The fact remains that no money has been paid to the ex parte applicant. The 2nd and 3rd respondents have not filed any affidavit to demonstrate that they are working towards making payment for the satisfaction of the decree. I find them to be in contempt of court. I will order the 2nd respondent to be arrested and placed in civil jail for a duration of 6 months from the time of execution of the warrant. The warrant of arrest and committal to civil jail be extracted and be executed by the OCS, Kisii Police Station. The 2nd respondent to so remain in civil jail for the next 6 months or until the money is paid whichever comes earlier.
4. The ex parte applicant will have the costs of this application.
5. Orders accordingly.
DATED AND DELIVERED THIS 16 DAY OF MAY 2024JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURT AT KISII