[2014] KEHC 273 (KLR)
The application for contempt was withdrawn by consent of both parties before the court could make a determination on the merits. As such, the court did not adjudicate on the substantive issues of contempt or the alleged disobedience of its orders. The withdrawal was marked with costs to be in the cause, reflecting...
Source-derived case information.
- Citation
- [2014] KEHC 273 (KLR)
- Parties
- Plaintiff: Stephen Michuki Kiunga; Defendant: County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 of 2014
- Procedural Posture
- Miscellaneous Application / Application for Contempt of Court Orders; Application Withdrawn by Consent Before Determination
- Outcome
- Application withdrawn by consent; no determination on merits.
- Legal Topics
- Contempt of Court, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Michuki Kiunga
Plaintiff
County Government of Meru
Defendant
Procedural Posture
Miscellaneous Application / Application for Contempt of Court Orders; Application Withdrawn by Consent Before Determination
Legal Issues
- 1 Whether the Governor of the County Government of Meru was in contempt of court orders issued on 13.5.2014 and extended on 20.5.2014.
- 2 Whether the application for contempt should be allowed or withdrawn.
Ratio Decidendi
The application for contempt was withdrawn by consent of both parties before the court could make a determination on the merits. As such, the court did not adjudicate on the substantive issues of contempt or the alleged disobedience of its orders. The withdrawal was marked with costs to be in the cause, reflecting the parties' agreement and the court's acceptance of that position.
Court Disposition
Application withdrawn by consent; no determination on merits.
Orders
- The application dated 4th June, 2014 is marked as withdrawn by consent of the parties, with costs to be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L 68 OF 2014
STEPHEN MICHUKI KIUNGA......................................................................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU.......................................................DEFENDANT
R U L I N G
This is an application dated 4th June, 2014 and seeks orders:
THATthis application be certified as extremely urgent and the same be heard expeditiously.
THATthe Honourable court be pleased to cite the Governor County Government of Meru for being in contempt of court orders issued on 13. 5.2014 and extended on 20. 5.2014, and order that he be detained in prison for a term not exceeding six months.
THATthe costs of the application be provided for.
The application was predicated, inter alia, upon the following grounds:
(a) THAT Courts do not issue orders in vain.
(b) THAT the dignity of the court is at stake by the Defendant's Chief Executive Officer disobeying the Court's orders.
(c) THAT the Governor of County Government of Meru ought to obey court order issued by the court.
On 21. 10. 2014, Mr. Mwirigi, representing the plaintiff and M/s Thibaru, representing the defendant, by consent, intimated that they wanted the Court to mark the application withdrawn with costs to be in the cause. In the circumstances, the application is hereby marked as withdrawn.
It is so ordered.
Delivered in Open Court at Meru this 21st day of October, 2014 in the presence of:
Cc Daniel/Lilian
Miss Thibaru for defendant
Mwirigi for plaintiff
P. M. NJOROGE
JUDGE