[2013] KEHC 3739 (KLR)
The court found that the applicants had made out a prima facie case that its order of 25th June 2012 may have been breached. On this basis, the court exercised its discretion to grant leave to the applicants to file a substantive application for contempt within seven days. The decision was based on the need to...
Source-derived case information.
- Citation
- [2013] KEHC 3739 (KLR)
- Parties
- Applicant: William Ndege; Applicant: Joseph Okuku; Respondent: Dr. Harrison Ouko – Hospital Administrator Community Hospital; Respondent: Mary Odhiambo; Respondent: Andrew Ndege
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- ? 163 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Commence Contempt Proceedings
- Outcome
- Leave granted to the applicants to file a substantive contempt application.
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ndege
Applicant
Joseph Okuku
Applicant
Dr. Harrison Ouko – Hospital Administrator Community Hospital
Respondent
Mary Odhiambo
Respondent
Andrew Ndege
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicants have established a prima facie case for leave to commence contempt of court proceedings.
- 2 Whether there was a breach of the court order dated 25th June 2012.
Ratio Decidendi
The court found that the applicants had made out a prima facie case that its order of 25th June 2012 may have been breached. On this basis, the court exercised its discretion to grant leave to the applicants to file a substantive application for contempt within seven days. The decision was based on the need to uphold the authority of court orders and ensure that alleged breaches are properly investigated through substantive proceedings.
Court Disposition
Leave granted to the applicants to file a substantive contempt application.
Orders
- Applicants granted leave to file substantive contempt application within 7 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Busia
Miscellaneous 163 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
1. WILLIAM NDEGE ………………………………APPLICANTS
JOSEPH OKUKU
VERSUS
1. DR. HARRISON OUKO – HOSPITAL ADMINISTRATOR
COMMUNITY HOSPITAL……………………….RESPONDENTS
2. MARY ODHIAMBO ……………………………..COMTEMNORS
3. ANDREW NDEGE
R U L I N G
1)The Applicants seek leave to cite the named contemnors for contempt of Court. Their application dated 23/10/2012 has been duly served on the offices of the Attorney General and the Director of Public Prosecutions.
2)I have examined and perused the application, there is made out a prima facie case that this Court’s order of 25th June 2012 may have been breached. For that reason I grant the permission sought. The Applicants shall file the substantive application within 7 days hereof.
DATED AND DELIVDRED ON THIS 29TH APRIL 2013.
F. TUIYOTT
J UD G E
29/04/2013
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