[2019] KEHC 1345 (KLR)
The court determined that, given the quasi-criminal nature of contempt proceedings and the receipt of an anonymous letter alleging improper conduct, it was necessary to transfer further proceedings to another judge to avoid any perception that the ultimate decision could be influenced by extraneous, unverified...
Source-derived case information.
- Citation
- [2019] KEHC 1345 (KLR)
- Parties
- Plaintiff: Wendano Matuu Co Limited; Plaintiff: Stephen Ndamubuki Muli; Plaintiff: Onesmus Muisyo Kimatu; Defendant: Joshua Kimeu Kioko; Defendant: James Kioko Kivuvo; Defendant: John Bosco Ndinga; Defendant: Samuel Mwanza Nzioka; Defendant: Juvenalis Musyoki Kavita; Defendant: Mangu Ngolo; Defendant: Rose Ndanu Mutua; Interested Party: Philip Muli Munyaka
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2 of 2014
- Procedural Posture
- Contempt Application / Post Finding of Contempt, Before Sentencing; Application for Stay Pending Appeal
- Outcome
- Further proceedings to be undertaken before another judge; sentencing deferred; parties to take fresh date.
- Judges
- GV Odunga
- Legal Topics
- Contempt of Court, Stay of Execution, Quasi Criminal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wendano Matuu Co Limited
Plaintiff
Stephen Ndamubuki Muli
Plaintiff
Onesmus Muisyo Kimatu
Plaintiff
Joshua Kimeu Kioko
Defendant
James Kioko Kivuvo
Defendant
John Bosco Ndinga
Defendant
Samuel Mwanza Nzioka
Defendant
Juvenalis Musyoki Kavita
Defendant
Mangu Ngolo
Defendant
Rose Ndanu Mutua
Defendant
Philip Muli Munyaka
Interested Party
Procedural Posture
Contempt Application / Post Finding of Contempt, Before Sentencing; Application for Stay Pending Appeal
Legal Issues
- 1 Whether the court should proceed to sentence the respondents for contempt after an anonymous letter alleged improper conduct.
- 2 Whether the proceedings should be transferred to another judge to avoid perception of bias.
- 3 What action should be taken regarding the anonymous letter allegedly amounting to an offence under the Penal Code.
Ratio Decidendi
The court determined that, given the quasi-criminal nature of contempt proceedings and the receipt of an anonymous letter alleging improper conduct, it was necessary to transfer further proceedings to another judge to avoid any perception that the ultimate decision could be influenced by extraneous, unverified allegations. The court emphasized that justice must not only be done but must be seen to be done, particularly in matters involving contempt. The judge also directed that, should the author of the anonymous letter be identified, appropriate legal action should be taken under the Penal Code. The parties were directed to take a fresh date before the new judge.
Court Disposition
Further proceedings to be undertaken before another judge; sentencing deferred; parties to take fresh date.
Orders
- Further proceedings to be undertaken before Kemei, J.
- Parties to take fresh date in the registry.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
(Coram: Odunga, J)
HCCC NO. 2 OF 2014
WENDANO MATUU CO LIMITED...............1ST PLAINTIFF/APPLICANT
STEPHEN NDAMUBUKI MULI....................2ND PLAINTIFF/APPLICANT
ONESMUS MUISYO KIMATU......................3RD PLAINTIFF/APPLICANT
-VERSUS-
JOSHUA KIMEU KIOKO........................1ST DEFENDANT/RESPONDENT
JAMES KIOKO KIVUVO........................2ND DEFENDANT/RESPONDENT
JOHN BOSCO NDINGA..........................3RD DEFENDANT/RESPONDENT
SAMUEL MWANZA NZIOKA...............4TH DEFENDANT/RESPONDENT
JUVENALIS MUSYOKI KAVITA.........5TH DEFENDANT/RESPONDENT
MANGU NGOLO.....................................6TH DEFENDANT/RESPONDENT
ROSE NDANU MUTUA..........................7TH DEFENDANT/RESPONDENT
PHILIP MULI MUNYAKA...................................1ST INTERESTED PARTY
ORDER
1. On 21st day of January, 2019, I found the respondents in the application dated 24th June, 2014 in contempt of the orders of this court and directed them to personally appear before this Court for the purposes of mitigation and sentencing. Aggrieved by the said decision, the said contemnors sought that the said decision be stayed to enable them have their intended appeal to the Court of Appeal heard and determined.
2. The ruling in respect of the said application was scheduled for today. However, while I was in the process of writing the said ruling I received an undated, unsigned anonymous letter posted by one Allan Mwanzia in Nairobi in which it was alleged that some individuals have been boasting of walking scot free.
3. I am not in the habit of acting on such cowardly actions from people who are not brave enough to append signatures to their correspondences. As was held in Mary Anne Njuguna vs. Joseph Njuguna Ngae Civil Application No. Nai. 195 of 1997:
“A judge is not concerned with what litigants may brag or boast as he is only concerned with dispensing justice according to law, and any boasts made by litigants ought not to perturb or even bother a Judge.”
4. However, the matter before me is a matter which touches on contempt of court orders. It is therefore quasi-criminal in nature. In order that the parties do not believe that the ultimate decision was informed by the said misplaced and misguided allegations, I hereby direct that further proceedings be undertaken before Kemei, J.
5. In the meantime, as the action of the author of the letter in question amounts to a commission of an offence under section 117(c) of the Penal Code, once the author of the said letter is identified, appropriate action will be taken accordingly.
6. The parties to take fresh date in the registry.
7. It is so ordered.
Read, signed and delivered in open Court at Machakos this 19th day of December, 2019.
G V ODUNGA
JUDGE
Delivered in the presence of:
Mrs Nzei for the Defendants/Applicants and holds brief for Miss Wangui for the Interested Parties
Mr Mikwa for Mr Gitonga for the Plaintiffs/Respondents
CA Geoffrey