[2015] KEHC 6261 (KLR)
The court found that the Deputy Inspector-General, Mr. Samuel Arachi, had shown sufficient cause for the delay in enforcing the court's orders due to his absence and the absence of the TSC Secretary from the country. Accordingly, he was discharged from further contempt proceedings. However, the court reaffirmed that...
Source-derived case information.
- Citation
- [2015] KEHC 6261 (KLR)
- Parties
- Applicant: Simon P. Kamau & 19 Others; Respondent: Teachers Service Commission; Respondent: Director, Pensions Department
- 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
- Deputy Inspector-General discharged from contempt; enforcement of arrest and detention order against TSC Secretary reaffirmed; Inspector-General given 60 days to enforce.
- Judges
- JK Mulwa
- Legal Topics
- Judicial Review, Enforcement of Court Orders, Contempt of Court, Mandamus, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon P. Kamau & 19 Others
Applicant
Teachers Service Commission
Respondent
Director, Pensions Department
Respondent
Procedural Posture
Judicial Review / Ruling on Enforcement of Contempt Orders
Legal Issues
- 1 Whether sufficient cause was shown by the Deputy Inspector-General for non-enforcement of the court's contempt orders.
- 2 Whether the court's previous orders for arrest and detention of the TSC Secretary should be enforced.
- 3 Whether the applicants are entitled to enforcement of judgment for payment of pension.
Ratio Decidendi
The court found that the Deputy Inspector-General, Mr. Samuel Arachi, had shown sufficient cause for the delay in enforcing the court's orders due to his absence and the absence of the TSC Secretary from the country. Accordingly, he was discharged from further contempt proceedings. However, the court reaffirmed that its orders for the arrest and detention of the TSC Secretary for non-compliance with the judgment remain in force. The court directed the new Inspector-General, Mr. Joseph Boinett, to enforce the orders within sixty days, failing which further action would be taken. The court emphasized the need for compliance with its orders and encouraged the parties to continue negotiations...
Court Disposition
Deputy Inspector-General discharged from contempt; enforcement of arrest and detention order against TSC Secretary reaffirmed; Inspector-General given 60 days to enforce.
Orders
- Deputy Inspector-General Samuel Arachi is discharged from contempt proceedings.
- Inspector-General Joseph Boinett is directed to apprehend and escort the TSC Secretary Gabriel Lengoibon to Kamiti Maximum Prison for detention for six months unless cause is shown within sixty days.
Full Case Text
Judgment text and source record
38 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. On the 2nd March, 2015 this court issued an order and summons directed to the Ag. Inspector-General Mr. Samuel Arachi to attend court in person today to show cause why the court orders issued on the 20th February 2015 to have the TSC Secretary Gabriel Lengoiboin arrested and detained at Kamiti prison for failure to comply with orders of the court dated the 16th May, 2014.
2. In compliance of the above order, the Ag. Inspector-General, now the Deputy Inspector General has presented himself to this court.
3. Mr. Samuel Arachi informed this court that he came to know of the court orders on the 3rd March, 2015 as he was away on official duties, but confirmed that the orders were received in his office on the 26th February, 2015 and his office was waiting for instructions from him to effect the court order. He further told the court that upon getting back to office, he learnt that the contempnor Mr. Gabriel Lengoiboin was also out of the country (Morocco) from 28th February, 2015 and was expected back in the office yesterday, the 11th March, 2015 and to confirm that, he wrote to the Immigration Department. He says he will confirm later today whether the TSC Secretary is back in the country. He produced a letter dated the 9th March, 2015 to that effect.
4. I have listened to arguments by Mr. Kimatta Counsel for the Applicants and Mr. Nguyo learned State Counsel and also Mr. Situma for the contemptnor.
5. I must commend Mr. Samuel Arachi, the Deputy Inspector-General for taking court orders seriously. As Mr. Kimatta commented, this is a very good gesture.
6. I am satisfied that sufficient cause has been shown by Mr. Samuel Arachi the Deputy Inspector-General why the court orders were not enforced. He is hereby discharged.
However, the orders of 14th May, 2014 remain in-force. The Applicants are yet to receive their pension. They are yet to reap the fruits of their Judgment given by the court seven (7) years ago.
7. To that effect, the orders issued on the 20th February, 2015 ought to be enforced. We now have an Inspector-General in place, Mr. Joseph Boinett having been sworn into office yesterday the 11th March, 2015.
8. I direct that the Inspector-General of Police, Mr. Joseph Boinett, do apprehend and escort the TSC Secretary Gabriel Lengoibon to Kamiti Maximum Prison for detention for a period of six (6) months in conformity with this courts' orders issued on the 16th May, 2014.
To allow the new Inspector-General to settle in his new office, this court will allow him sixty (60) days from today's order, within which the court orders ought to have been enforced, unless cause is shown why the said orders cannot be enforced.
The matter will be mentioned on the 28th May, 2015 at 9. 00 a.m.
In the meantime parties to the dispute are encouraged to continue with negotiations with all relevant Government Departments to come to a solution to this long standing dispute amicably.
Dated, signed and delivered at Nakuru this 12th day of March, 2015
JANET MULWA
JUDGE
In the presence of:
Kimatta for Applicant
Sitima with Wachira for Contemptnor
Nguyo for Attorney-General
Court clerk - Omondi