ENGINEER MICHAEL OCHIENG V PERMANENT SECRETARY MINISTRY OF WATER AND IRRIGATION & ANOTHER [2012] KEHC 1523 (KLR)
- Court
- High Court of Kenya
- Case number
- 1523
- Citation
- [2012] KEHC 1523 (KLR)
- Decided
- 24 October 2012
The application is disallowed with costs to the respondent. The applicant shall have ample time to defend themselves, and the respondent shall have the costs of the application.
Facts
The applicant, Engineer Michael Ochieng, sought an order for a stay of execution of a court order dated 28th September 2012, and a stay of proceedings pending an appeal. The 1st respondent, Permanent Secretary Ministry of Water and Irrigation, and the 2nd respondent, Lake Victoria South Water Services Board, were involved in the proceedings.
Issues
- Representation of the applicant
- Delay in contempt proceedings
Reasoning
The court ruled that the applicant had a representative and that the delay in contempt proceedings was not prejudicial. The court also noted that the applicant had not been served with the order or contempt proceedings.
Outcome
Disallowed
Orders
- Order to disallow the application
- Order for costs to the respondent
Remedies
- Ample time to defend themselves
- Costs to the respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
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