St.Mary Rescue & Nursing Home & another v Muriuki & another (Miscellaneous Application E018 of 2022) [2022] KEELC 13301 (KLR) (22 September 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13301
- Citation
- [2022] KEELC 13301 (KLR)
- Decided
- 22 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramMOGENI J
Holding
The respondents are found guilty of contempt for willfully disobeying the court order issued on November 15, 2021.
Facts
St. Mary Rescue & Nursing Home and Joseph Githuka Kihiu filed a motion against Samuel Mureithi Muriuki and Auckland Agencies Auctioneers for contempt of court due to their actions in locking the suit premises and disconnecting water and electricity supply.
Issues
- Whether the respondents are guilty of contempt of court order issued on November 15, 2021.
- Whether the court can order a stay of further proceedings in Rent Restriction Tribunal Case No E757 of 2021.
Reasoning
The court found that the respondents violated the court order by locking the suit premises and disconnecting water and electricity supply, and their actions were in bad faith and disobedience.
Outcome
The application is allowed with the respondents being fined Kshs 100,000 each and ordered to serve a term of 30 days' imprisonment.
Orders
- Spent
- That the respondents be personally summoned to appear before the court to show cause why they should not be condemned to serve both civil and criminal contempt of court.
- That the OCS Muthaiga Police Station be ordered to effect service of the court summons on the respondents to personally appear before the court and plead to the contempt application.
- That in the meantime, the court be persuaded to order a stay of further proceedings in Rent Restriction Tribunal Case No E757 of 2021 and direct the respondents to re-open the suit premises House No 7, Harai Road, Ridgeways Estate in Nairobi and allow the tenants access therein.
- That the costs of this application be provided for
Authorities cited
Legislation (3)
- Judicature Act
- Civil Procedure Rules
- Laws
Cases cited (2)
- Teachers Service Commission v Kenya National Union of Teachers & 2 Others
- Woburn Estate Limited v Margaret Bashforth
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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