Gabriel O. Ochieng & another v Pamela Apondi Omino [2015] KECA 501 (KLR)
- Court
- Court of Appeal
- Case number
- 501
- Citation
- [2015] KECA 501 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for leave to cite respondent for contempt of courtCoramD.K. MARAGA, S. GATEMBU KAIRU, A.K. MURGOR
Holding
The application is struck out with costs as the requisite steps having been flouted.
Facts
The County Assembly of Kisumu and Hon. Gabriel Ochieng sought an order for leave to cite Pamela Apondi Omino for contempt of court after she allegedly broke locks and stormed the Assembly while it was in session.
Issues
- Whether the application for leave to cite the respondent for contempt of court is competent under Section 5(1) of the Judicature Act and the procedural rules thereunder.
- Whether the procedural steps set out in the Rules must be strictly complied with in contempt of court applications.
Reasoning
The application is incompetent because the respondent was not party to the proceedings before the ELRC or this Court, and no evidence has been provided to show that the respondent was aware of the stay order.
Outcome
The application is struck out with costs.
Authorities cited
Legislation (2)
- Judicature Act (Cap 8 of the Laws of Kenya)
- Civil Procedure Rules
Cases cited (6)
- Justus Kariuki Mate & Another v. Hon. Martin Nyaga Wambora & Another
- Teachers Service Commission v. Kenya National Union of Teacher & 2 Others
- Ibrahim Haji Issak v. Kenya Meat Commissions & Another
- Mariar Ltd V R.E. Teach (Engineering) Ltd
- Order 40 Rule 3 of the Civil Procedure Rules
- Order 52 Rule 2(2) of the English Supreme Court Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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