[2024] KEHC 16366 (KLR)
The court found that the respondents, having been duly served with the mention notice and failing to appear or comply with previous orders, were in breach of court directives. To uphold the authority of the court and ensure compliance with its orders, it was necessary to issue fresh warrants of arrest against the...
Source-derived case information.
- Citation
- [2024] KEHC 16366 (KLR)
- Parties
- Applicant: Samic Construction Company Limited; Respondent: County Government of Kisumu; Respondent: The Chief Finance Officer County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E027 of 2023
- Procedural Posture
- Judicial Review / Ruling on Application for Fresh Warrants of Arrest
- Outcome
- Application allowed; fresh warrants of arrest to issue against the Chief Finance Officer County Government of Kisumu.
- Judges
- MS Shariff
- Legal Topics
- Judicial Review Procedure, Enforcement of Court Orders, Contempt of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samic Construction Company Limited
Applicant
County Government of Kisumu
Respondent
The Chief Finance Officer County Government of Kisumu
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Fresh Warrants of Arrest
Legal Issues
- 1 Whether the court should issue fresh warrants of arrest against the Chief Finance Officer County Government of Kisumu for non-compliance with previous court orders.
- 2 Whether the O.C.S Central Police Station should assist in the execution of the warrants.
Ratio Decidendi
The court found that the respondents, having been duly served with the mention notice and failing to appear or comply with previous orders, were in breach of court directives. To uphold the authority of the court and ensure compliance with its orders, it was necessary to issue fresh warrants of arrest against the Chief Finance Officer County Government of Kisumu. The court further directed the O.C.S Central Police Station to assist in the execution of the warrants, emphasizing the importance of enforcing judicial decisions and maintaining the rule of law.
Court Disposition
Application allowed; fresh warrants of arrest to issue against the Chief Finance Officer County Government of Kisumu.
Orders
- Fresh warrants of arrest to issue against the Chief Finance Officer County Government of Kisumu.
- The O.C.S Central Police Station to assist in execution of the warrants.
Full Case Text
Judgment text and source record
21 paragraphs
Samic Construction Company Limited v County Government of Kisumu & another (Judicial Review E027 of 2023) [2024] KEHC 16366 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16366 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E027 of 2023
MS Shariff, J
December 17, 2024
Between
Samic Construction Company Limited
Applicant
and
County Government of Kisumu
1st Respondent
The Chief Finance Officer County Government of Kisumu
2nd Respondent
Ruling
1. Upon hearing Mr. Okungu Counsel for the ex parte Applicant in the absence of the Respondents albeit served with the mention notice on 24. 10. 2024 as evident from the return of service filed herein and sworn by Richard Otieno Okungu on 25. 10. 2024 I do hereby allow his application and order that fresh warrants of arrest do issue against the Chief Finance Officer County Government of Kisumu.
2. The O.C.S Central Police Station to assist in execution of the warrants.
3. Mention on 5. 3.2025 to confirm the status of execution of the warrants of arrest.
4. Notice to issue to Respondents.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF DECEMBER, 2024. M. S. SHARIFFJUDGE