[2024] KEHC 1867 (KLR)
The court determined that it was just and prudent to first hear and determine the application dated 13th February, 2024, which seeks a stay of the orders of 20th December, 2023, before proceeding to mitigation and sentencing in the contempt proceedings. The court found that since there is a pending appeal and an...
Source-derived case information.
- Citation
- [2024] KEHC 1867 (KLR)
- Parties
- Applicant: Republic; Respondent: County Secretary Nairobi City County; Respondent: Chief Officer Finance, County Treasurer Nairobi City County; Applicant: Tom Ojienda & Associates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 121 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Directions Regarding Sentencing and Stay Application
- Outcome
- Application for stay to be determined first; mitigation and sentencing deferred.
- Judges
- JM Chigiti
- Legal Topics
- Contempt of Court, Judicial Review Procedure, Stay of Execution, Mitigation and Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Secretary Nairobi City County
Respondent
Chief Officer Finance, County Treasurer Nairobi City County
Respondent
Tom Ojienda & Associates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Directions Regarding Sentencing and Stay Application
Legal Issues
- 1 Whether the application dated 13th February, 2024 seeking stay of the orders of 20th December, 2023 should be heard before sentencing.
- 2 Whether mitigation and sentencing should await the outcome of the application for stay pending appeal.
Ratio Decidendi
The court determined that it was just and prudent to first hear and determine the application dated 13th February, 2024, which seeks a stay of the orders of 20th December, 2023, before proceeding to mitigation and sentencing in the contempt proceedings. The court found that since there is a pending appeal and an application for stay, it would be appropriate for mitigation and sentencing to abide the outcome of the ruling on the application. The court also directed the personal attendance of the relevant officers for purposes of mitigation and sentencing, should the application not succeed. These directions were extended to a related matter, Misc. JR. No. 123/2017.
Court Disposition
Application for stay to be determined first; mitigation and sentencing deferred.
Orders
- The application dated 13th February, 2024 shall be determined on 18th March, 2024.
- Mitigation and sentencing shall abide the outcome of the ruling on the application.
Full Case Text
Judgment text and source record
28 paragraphs
Republic v County Secretary Nairobi City County & another; Tom Ojienda & Associates (Exparte Applicant) (Miscellaneous Civil Application 121 of 2017) [2024] KEHC 1867 (KLR) (Civ) (20 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1867 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application 121 of 2017
JM Chigiti, J
February 20, 2024
Between
Republic
Applicant
and
County Secretary Nairobi City County
1st Respondent
Chief Officer Finance, County Treasurer Nairobi City County
2nd Respondent
and
Tom Ojienda & Associates
Exparte Applicant
Ruling
1. On 14th February, 2024, this court directed that the matter would proceed for mitigation at 12. 15 pm.
2. On 20th December, 2023, the court directed that the matter would proceed for sentencing based on the affidavits filed by the contemnors, grounds of opposition and the Notice to Produce and the Notice to Cross Examine.
3. There is an application dated 13th February, 2024 that the contemnor has filed in the Court of Appeal no. COA E050/2024. There is no stay of execution order that has been issued by the Court of Appeal. The Court directed Asha Abdi and Patrick Ondo to attend court which they did on 14th February, 2024. Given that their attendance is necessary for purposes of mitigation and sentencing.
4. Miss Amon for the decree holder submitted that the matter was coming up for sentencing as directed on 20th December, 2023.
5. Mr. Okatch informed the court that there are two payments being processed by the contemnor initiated on 21st November, 2023 and 30th November, 2023 for Ksh. 53 million and 10 million respectively.
6. Okatch wants his application to be heard first. He seeks orders to stay the orders of 20th December, 2023 pending the determination of the appeal in Court of Appeal 050 of 2024.
7. On 14th February, 2024 this court issued directions for the disposal of the application.Orders:1. The application dated 13th February, 2024 shall be determined on 18th March, 2024. 2.The mitigation and sentencing shall abide the outcome of the ruling that will be issued determining the application.3. Ms. Asha Abdi and Mr. Patrick Analo to attend court in person at 11 am in open court.4. These directions shall apply to Misc. JR. No. 123/2017.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF FEBRUARY, 2024. ……………………………J. CHIGITI (SC)JUDGE