[2019] KEHC 1538 (KLR)
The respondent was duly served with the court order requiring him to submit for a DNA test upon reimbursement of Kshs.12,750. The applicant demonstrated compliance by reimbursing the required amount through the respondent's counsel. The respondent failed to comply with the order and did not oppose the application...
Source-derived case information.
- Citation
- [2019] KEHC 1538 (KLR)
- Parties
- Applicant: TMN; Respondent: JM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 125 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application allowed; respondent found in contempt and committed to civil jail for four months unless contempt is purged; costs to applicant
- Judges
- A Ali-Aroni
- Legal Topics
- Contempt of Court, Children Custody Orders, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TMN
Applicant
JM
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent disobeyed the Children’s Court order requiring submission for a DNA test upon reimbursement of costs.
- 2 Whether the respondent should be committed to civil jail for contempt of court.
Ratio Decidendi
The respondent was duly served with the court order requiring him to submit for a DNA test upon reimbursement of Kshs.12,750. The applicant demonstrated compliance by reimbursing the required amount through the respondent's counsel. The respondent failed to comply with the order and did not oppose the application for contempt. The court found that the respondent's failure to obey the order constituted contempt of court and, as a result, committed the respondent to four months imprisonment unless and until the contempt is purged.
Court Disposition
application allowed; respondent found in contempt and committed to civil jail for four months unless contempt is purged; costs to applicant
Orders
- The respondent is found in contempt of the Children’s Court order issued on 7th March 2017.
- The respondent is committed to four months imprisonment unless and until the contempt is purged.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY AND PROBATE DIVISION
MISC. APPLICATION NO. 125 OF 2019
AND
TMN..............APPLICANT
VERSUS
JM ............RESPONDENT
R U L I N G
1. Before court is an application pursuant to Section 5(1) of the Judicature Act, Article 165 of the ConstitutionandSection 3Aof theCivil Procedure Actseeking for this court to find that the Respondent JM has failed to obey the orders issued by the Children’s Court on 7th March 2017 and in so finding have the Respondent arrested and imprisonment for a term not exceeding 6 months.
2. On the 7th of March, 2019 R. O. Mbogo Principal Magistrate in Children’s Case No. 1420 of 2017 issued orders requiring that the Respondent do submit for a DNA test 30 days upon being reimbursed Kshs.12,750 by the Applicant.
3. There is evidence that a sum of Kshs.12,750 was reimbursed on the 13th March, 2019 to the Respondent through his counsel, but to date the Respondent has neglected and/failed to comply with the order.
4. The Respondent despite service failed to respond and the application remains unopposed. Consequently, this court grants prayers 2 and 3 of the application.
5. The Respondent having been found to be in contempt of the aforementioned order is hereby committed to 4 months imprisonment unless and until the contempt is purged.
6. Costs to the Applicant.
Dated and Delivered in Nairobi on this5TH day of DECEMBER, 2019
…………………………………….
ALI-ARONI
JUDGE