Paul Mutua Musau & 6 others v Secretary Nairobi City County Government & another [2014] KEHC 8427 (KLR)
- Court
- High Court of Kenya
- Case number
- 8427
- Citation
- [2014] KEHC 8427 (KLR)
- Decided
- 5 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for Contempt of CourtCoramIbrahim, KLR, Ndolo, Lenaola, Mabeya, Warsame
Holding
The application was not properly made as the 'application notice' should have been made in the proceedings in which the judgement or order was made.
Facts
The applicants sought an order for contempt of court against the Nairobi City County Government and the Director of Environment for their actions in evicting the applicants from their trading points at Uhuru Park and Central Park grounds.
Issues
- Procedure for instituting contempt of court proceedings
- Compliance with court orders
Reasoning
The court held that the procedure for contempt of court proceedings in Kenya is governed by English law, and the application was not in accordance with the procedure as outlined in the Civil Procedure Rules, 1999.
Outcome
The application was dismissed.
Orders
- Leave granted on 23rd January 2014 to stay the outcome of the ballot exercise to evict the applicants from their trading points at the Uhuru Park and Central Park grounds.
- The applicants were arrested and their items of trade confiscated by the County Government Police Officers on 6th February 2014.
Remedies
- None
Authorities cited
Legislation (2)
- Judicature Act Cap 8 Laws of Kenya
- Civil Procedure (Amendment No. 2) Rules, 2012
Cases cited (3)
- Econet Wireless Kenya Ltd vs. Minister for Information & Communication of Kenya & Another [2005] 1 KLR 828
- Refrigerator & Kitchen Utensils Ltd. vs. Gulabchand Popatlal Shah & Others Civil Application No. Nai. 39 of 1990
- Wildlife Lodges Ltd vs. County Council of Narok and Another [2005] 2 EA 344 (HCK)
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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