[2023] KEHC 22581 (KLR)
The court found that the respondent, through its County Executive Member for Finance, had been duly served with the notice to show cause and mention notice as evidenced by affidavits of service. Despite proper service, the respondent failed to appear or show cause why the court's order for payment of Kshs...
Source-derived case information.
- Citation
- [2023] KEHC 22581 (KLR)
- Parties
- Applicant: Republic; Respondent: Nairobi City County; Applicant: Park Towers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 282 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause and Enforcement of Judgment
- Outcome
- Warrants of arrest issued against Mr Charles Kerich for non-compliance with court orders; matter set for sentencing; costs awarded to ex parte applicant.
- Judges
- JM Chigiti
- Legal Topics
- Judicial Review Enforcement, Contempt of Court, Service of Process
- 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
Republic
Applicant
Nairobi City County
Respondent
Park Towers Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice to Show Cause and Enforcement of Judgment
Legal Issues
- 1 Whether the respondent, through its County Executive Member for Finance, failed to comply with a court order for payment of Kshs 43,737,390.22.
- 2 Whether proper service of the notice to show cause was effected on the respondent and the relevant officer.
- 3 Whether warrants of arrest should issue for non-compliance with the court's orders.
Ratio Decidendi
The court found that the respondent, through its County Executive Member for Finance, had been duly served with the notice to show cause and mention notice as evidenced by affidavits of service. Despite proper service, the respondent failed to appear or show cause why the court's order for payment of Kshs 43,737,390.22 should not be enforced. The absence of any opposition or explanation from the respondent justified the issuance of warrants of arrest against Mr Charles Kerich for non-compliance with the court's orders. The court further ordered that Mr Kerich be brought before the court for sentencing and awarded costs to the ex parte applicant.
Court Disposition
Warrants of arrest issued against Mr Charles Kerich for non-compliance with court orders; matter set for sentencing; costs awarded to ex parte applicant.
Orders
- Warrants of arrest to issue against Mr Charles Kerich, County Executive Member for Finance, Nairobi City County.
- Mr Charles Kerich to be brought to open court at 10 am on November 20, 2023 for sentencing.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Nairobi City County; Park Towers Limited (Exparte Applicant) (Miscellaneous Application 282 of 2014) [2023] KEHC 22581 (KLR) (Judicial Review) (25 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22581 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Miscellaneous Application 282 of 2014
JM Chigiti, J
September 25, 2023
Between
Republic
Applicant
and
Nairobi City County
Respondent
and
Park Towers Limited
Exparte Applicant
Ruling
1. This matter came up on June 21, 2023 for the hearing of the notice to show cause dated June 13, 2023 issued to Mr Charles Kerich, the County Executive Member for Finance/ Accounting Officer of the respondent herein for failing to pay the sum ofKshs 43,737,390. 22/=.
2. Although there was an affidavit of service sworn by Kennedy Okali Aroko on June 19, 2023 showing that the notice had been served, the said officer was not in attendance. Owing to the nature of the orders sought the court directed that the matter be mentioned on July 19, 2023 and that counsel for the ex parte applicant serve the notice to show cause again together with a mention notice on the respondent.
3. On July 19, 2023 when the matter was called out, there was no appearance by Mr Charles Kerich or the respondent. Counsel informed the court that the notice to show cause and mention notice had been served upon the respondent on July 3, 2023.
4. I have perused the affidavit of service sworn by Kennedy Okall Aroko on July 17, 2023 and I am satisfied with the service.
5. There being no one to oppose nor show the court why the notice to show cause should not issue. Order:i.Warrants of arrest do issue against Mr Charles Kerich the County Executive member for Finance, Nairobi City County.ii.Mr Charles Kerich be brought to open court at 10 am on November 20, 2023 for sentencing.iii.The ex parte applicant shall have the costs of this application.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF SEPTEMBER 2023……………………………………J. CHIGITI (SC)JUDGEIn presence of:Applicant – Ochieng h/b for OyattaRespondent –N/A