[2015] KEHC 6440 (KLR)
The court found that its previous order directing the Ag. Inspector-General to apprehend and detain the TSC Secretary General for contempt had not been complied with, despite evidence of proper service. No explanation for non-compliance was provided by the relevant authorities or their advocates. The court...
Source-derived case information.
- Citation
- [2015] KEHC 6440 (KLR)
- Parties
- Applicant: Simon P. Kamau & 19 Others; Respondent: Teachers Service Commission; Respondent: Attorney-General
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 18 of 2012
- Procedural Posture
- Judicial Review / Ruling on Enforcement of Contempt Orders
- Outcome
- Summons issued to Ag. Inspector-General to show cause for non-compliance with court orders.
- Judges
- JK Mulwa
- Legal Topics
- Judicial Review, Mandamus Orders, Contempt of Court, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Simon P. Kamau & 19 Others
Applicant
Teachers Service Commission
Respondent
Attorney-General
Respondent
Procedural Posture
Judicial Review / Ruling on Enforcement of Contempt Orders
Legal Issues
- 1 Whether the Ag. Inspector-General of Police has complied with court orders to apprehend the TSC Secretary General for contempt of court.
- 2 Whether the court should issue further orders to compel compliance with its previous orders.
Ratio Decidendi
The court found that its previous order directing the Ag. Inspector-General to apprehend and detain the TSC Secretary General for contempt had not been complied with, despite evidence of proper service. No explanation for non-compliance was provided by the relevant authorities or their advocates. The court reaffirmed the principle that court orders must be obeyed and, in the absence of any justification for non-compliance, determined that it was necessary to issue summons to the Ag. Inspector-General to personally appear and explain the failure to execute the court's orders. This action was taken to uphold the rule of law and the authority of the court.
Court Disposition
Summons issued to Ag. Inspector-General to show cause for non-compliance with court orders.
Orders
- Summons to issue directed to the Ag. Inspector-General Mr. Samuel Arachi to attend court in person on 12th March 2015 at 9:00 a.m. to show cause why the orders of the court have not been obeyed or cannot be obeyed.
- A copy of the orders issued on 20th February 2015 to be attached to the summons.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
JUDICIAL REVIEW NO. 18 OF 2012
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF MANDAMUS
IN THE MATTER OF JUDGMENT IN NAKURU HCCC NO. 65 OF 2006
BETWEEN
SIMON P. KAMAU & 19 OTHERS..…….......……PLAINTIFFS/RESPONDENTS
VERSUS
TEACHERS SERVICE COMMISSION……..….…….DEFENDANT/APPLICANT
IN THE MATTER OF
REPUBLIC…………………………….......………....………………APPLICANT
VERSUS
THE DIRECTOR, PENSIONS DEPARTMENT………....……….RESPONDENT
EX-PARTE
SIMON P. KAMAU AND 19 OTHERS……………….…….……….SUBJECTS
VERSUS
THE DIRECTOR, PENSIONS DEPARTMENT……….…….…RESPONDENT
RULING
1. This court made an order on the 20th February 2015 and directed the Ag. Inspector-General to apprehend and escort the TSC Secretary General Gabriel Lengoiboin to Kamiti Prison for detention for a period of six months in conformity with court orders issued on the 16th May, 2014.
2. An affidavit of service filed in this court on the 2nd March, 2015 shows that the court order was duly served at the Office of the Inspector- General and duly stamped on the 26th February, 2015.
The court has been informed that the TSC Secretary, Mr. Gabriel Lengoiboin has not been arrested. No reasons have been give at all on why this was not done, or if there are any difficulties if at all faced by the Ag. Inspector General to arrest the said TSC Secretary. Both Advocates for the Attorney-General and TSC Secretary General have not addressed the court on this.
In the circumstances, this court shall issue summons directed to the Ag. Inspector-General of Police, one Mr. Samuel Arachi to personally attend this court to show cause why the court orders issued and directed to him, have not been complied with. It must be re instated that court orders however unvalatable ought to be obeyed by all and sundry.
3. This court swore to do Justice and uphold the rule of law to all without fear or favour. In the absence of any explanation, I must do what the constitution mandates me to do.
4. I therefore direct that summons to issue directed to the Ag. Inspector- General Mr. Samuel Arachi to attend this court in person on the 12th March 2015 at 9. 00 a.m. to show cause why the orders of this court have not been obeyed or can not be obeyed. A copy of the orders issued on the 20th February, 2015 be attached to the summons to be issued.
It is so ordered.
Dated, signed and delivered at Nakuru this 2nd day of March, 2015
JANET MULWA
JUDGE
Ruling read and signed in open court in the presence of:
Kimata for Applicants
Situma with Wachira for Contemptnor
Nguyo for Attorney-General
Court clerk - Omondi