AWADH SALIM FARAJ & ANOTHER v COMMISSIONER OF POLICE & ANOTHER [2007] KEHC 809 (KLR)
- Court
- High Court of Kenya
- Case number
- 809
- Citation
- [2007] KEHC 809 (KLR)
- Decided
- 31 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for leave to apply for an order of commitment to prison for contempt of courtCoramL. NJAGI
Holding
The application for commitment to prison for contempt of court is dismissed due to lack of personal service of the court orders.
Facts
The court ordered the release of certain persons in Miscellaneous Criminal Case Application No. 5 of 2007, but SALIM AWADH SALIM and SAID KHAMIS MOHAMED were not released. The applicants sought an order for commitment to prison for contempt of court.
Issues
- Personal service of court orders
- Willful disobedience of court orders
Reasoning
The court found that the personal service of the court orders was not done, and thus the respondents cannot be committed for contempt of court.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Judicature Act (Cap 8)
- Civil Procedure Act
- Rules of the Supreme Court of England
Cases cited (2)
- LOISE MARGARET WAWERU v. STEPHEN NJUGUNA GITHURI Civil Appeal No. 198 of 1998
- MANDER v. FALCKE [1891] 3 Ch. 488
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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