[2002] KEHC 211 (KLR)
The court found that the applicant had provided sufficient reasons to justify the grant of leave to institute contempt proceedings against the Permanent Secretary for failure to comply with a court order to pay the balance due on a decree and taxed costs. The court considered the supporting affidavit and the...
Source-derived case information.
- Citation
- [2002] KEHC 211 (KLR)
- Parties
- Applicant: Republic; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 18 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
- Outcome
- Leave to institute contempt proceedings granted. Costs in the course. Amendment of name ordered.
- Legal Topics
- Contempt of Court, Enforcement of Decrees, Leave to Institute Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to institute contempt proceedings against the Permanent Secretary for failure to comply with a court order.
- 2 Whether the failure to pay the balance due on a decree and taxed costs constitutes contempt of court.
Ratio Decidendi
The court found that the applicant had provided sufficient reasons to justify the grant of leave to institute contempt proceedings against the Permanent Secretary for failure to comply with a court order to pay the balance due on a decree and taxed costs. The court considered the supporting affidavit and the circumstances of non-compliance, concluding that the threshold for granting leave had been met. Accordingly, leave was granted to the applicant to commence contempt proceedings, and the costs of the application were ordered to be in the course. The court also directed that the name of Mr. Zachary Cheruiyot be amended to read Zacharia Cheruiyot.
Court Disposition
Leave to institute contempt proceedings granted. Costs in the course. Amendment of name ordered.
Orders
- Leave is granted to the applicant to institute contempt proceedings against the Permanent Secretary in the office of the President In-charge of Internal Security.
- Costs of the application shall be in the course.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 18 OF 1999
REPUBLIC …….…………………..……………………….. APPLICANT
- VERSUS – THE ATTORNEY GENERAL ….……………………… RESPONDENT R U L I N G The application before court is by Notice of Motion dated 15. 7.02 under Section of 5 of the Judicature Act and orders 42 and 52 of the Rules of the Supreme Court. It seeks the leave of the court by the applicant to institute contempt proceedings against the Permanent Secretary in the office of the President In-charge of Internal Security for failure to comply with a court order to pay the balance due on a decree issued and the balance duly assessed by the Deputy Registrar at Kshs.68,262/= on 4. 7.2001 and costs taxed at Kshs.60,000/=. The application is supported by the Affidavit of Samson Okong’o. I have considered the reasons advanced in favour of the application and hereby grant the sought leave. The costs shall be in the course. The name of Mr. Zachary Cheruiyot is to be amended to read Zacharia Cheruiyot.
Dated at Mombasa this 22nd day of August, 2002. P.M. TUTUI COMMISSIONER OF ASSIZE