[2013] KEHC 2762 (KLR)

[2013] KEHC 2762 (KLR)

The court found that the applicant had demonstrated merit in the application for leave to commence contempt proceedings, as there was clear evidence that the respondent had failed to comply with the order of mandamus issued by the court on 18 October 2010. The passage of two years without compliance established a...

Source-derived case information.

Citation
[2013] KEHC 2762 (KLR)
Parties
Applicant: Sharriff Muhadhar Hussein; Respondent: The Permanent Secretary, Ministry of Lands
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 1 of 2012
Procedural Posture
Miscellaneous Application / Application for Leave to Commence Contempt Proceedings
Outcome
Leave to commence contempt proceedings granted.
Legal Topics
Contempt of Court, Mandamus Orders, Public Officer Noncompliance
Source Language
en
Administrative Law Contempt of Court Mandamus Orders Public Officer Noncompliance

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Parties

Sharriff Muhadhar Hussein

Applicant

The Permanent Secretary, Ministry of Lands

Respondent

Procedural Posture

Miscellaneous Application / Application for Leave to Commence Contempt Proceedings

Legal Issues

  1. 1 Whether the applicant should be granted leave to commence contempt proceedings against the respondent for non-compliance with a court order.
  2. 2 Whether the respondent has failed to comply with the order of mandamus issued by the court.

Ratio Decidendi

The court found that the applicant had demonstrated merit in the application for leave to commence contempt proceedings, as there was clear evidence that the respondent had failed to comply with the order of mandamus issued by the court on 18 October 2010. The passage of two years without compliance established a prima facie case of contempt. The court, therefore, granted leave as prayed, enabling the applicant to proceed with contempt proceedings against the respondent for non-compliance with the court order.

Court Disposition

Leave to commence contempt proceedings granted.

Orders

  • Leave is granted to the applicant to commence contempt proceedings against the respondent.