[2007] KEHC 12 (KLR)
The court found that the Town Clerk of the City Council of Nairobi had deliberately refused or ignored to obey the court's order for mandamus issued on 22/7/2005, which required payment of the decretal sum in RMCC No. 500 of 1999. The respondent did not challenge the order or provide any reason for non-compliance....
Source-derived case information.
- Citation
- [2007] KEHC 12 (KLR)
- Parties
- Applicant: Titus Kimaita; Respondent: Town Clerk City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 378 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application allowed
- Legal Topics
- Contempt of Court, Mandamus Orders, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Kimaita
Applicant
Town Clerk City Council of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent is in contempt of the court order issued on 22/7/2005.
- 2 Whether the Town Clerk should be committed to civil jail for failure to comply with the mandamus order.
- 3 Whether the applicant is entitled to enforcement of the decretal sum in RMCC No. 500 of 1999.
Ratio Decidendi
The court found that the Town Clerk of the City Council of Nairobi had deliberately refused or ignored to obey the court's order for mandamus issued on 22/7/2005, which required payment of the decretal sum in RMCC No. 500 of 1999. The respondent did not challenge the order or provide any reason for non-compliance. The court emphasized that court orders must be obeyed and that failure to do so undermines the authority of the judiciary. Consequently, the court ordered the Town Clerk to effect payment by a specified date, failing which committal to civil jail for six months would follow, and awarded costs to the applicant.
Court Disposition
application allowed
Orders
- The Town Clerk of the City Council of Nairobi shall effect payment of the amount due and payable in RMCC No. 500 of 1999 by 30th October, 2009.
- In default of payment, the Town Clerk will be committed to civil jail for six months for contempt of court orders made on 22/7/2005.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Miscellaneous Application 378 of 2005
TITUS KIMAITA.................………………………………….……….….……..APPLICANT
-V E R S U S-
THE TOWN CLERK CITY COUNCIL 0F NAIROBI….RESPONDENT/DEFENDANT
R U L I N G
This is a Notice of Motion dated 21st January, 2009 filed by M/s Malonza & Company advocates for the applicant TITUS KIMATIA. It was brought under section 5 of the Judicature Act (Cap. 8), and pursuant to orders of court issued on 22/7/2008. It seeks for orders that the Town Clerk of the City Council of Nairobi be committed to civil jail for a period of six (6) months for being in contempt of court order made on 22/7/2005.
The application was filed with a supporting affidavit sworn by JULIUS ORENGE on 21/1/2009. The contention of the applicant is that the respondent has failed or neglected to comply with the court order for mandamus issued on 22/7/2005 commanding payment of the decretal amount in RMCC No.500 of 1999.
The application is unopposed, though Mr. Abwao for the respondent appeared in court on 13/3/2009, 4/5/2009 and 24/6/2009 and indicated that the respondent was making arrangements to pay. On the 17/7/09, Mr. Abwao stated that he had not received instructions. The matter proceeded to hearing with him (Mr. Abwao) stating that the City Council of Nairobi would still look into processing payment.
Considering the circumstances of this case, I am of the view that the Town Clerk City Council of Nairobi has deliberately refused or ignored to obey this court’s orders. The effect is to demean or put this court into contempt. Court orders are there to be obeyed, and they must be so obeyed and they must be so obeyed. Of course if an affected party is aggrieved by the Court’s orders, he may appeal or challenge the orders. No such challenge has been initiated on this case. No reason has been given for the disobedience of the courts orders.
Consequently, in accordance with the powers conferred on this court by section 5 of the Judicature Act (Cap. 5 of the Laws of Kenya), I order as follows-
1. The Town Clerk of the City Council of Nairobi shalleffect payment of the amount due and payable in RMCC No. 200 of 1999 by 30th October, 2009.
2. In default of the above, he or she will be committedto civil jail forthwith for a period of six (6) months for being in contempt of the court orders made on 22/7/2005.
3. The respondent will pay the applicant’s costs of thisapplication.
3. It is so ordered.
Dated and delivered at Nairobi this 15th day of October, 2007.
GEORGE DULU
JUDGE.