Ibrahim Haji Issak v Kenya Meat Commission & another [2013] KEELRC 106 (KLR)

Summary at a glance

Facts

The Claimant/Applicant obtained a court order on 15th July, 2013, staying the suspension of the Claimant and the appointment of the 2nd Respondent/Contemnor. The 2nd Respondent/Contemnor continued to act in the office of the Managing Director/Chief Executive Officer of the 1st Respondent/Contemnor in violation of the court orders.

Issues

• Whether the Respondent/Contemnors are guilty of contempt of court.
• Whether the application is competent.
• Whether personal service on the Respondent/Contemnors is mandatory.
• Whether the Respondent/Contemnors ought to have been served with a Penal Notice before institution of contempt of court proceedings.

Reasoning

The court found that the application was not competent as it did not comply with the procedural requirements and the Respondent/Contemnors were not aware of the court orders due to the Claimant/Applicant's failure to properly serve them.

Outcome

The application is dismissed.

Authorities cited