Beatrice Wambui Mathenge & 2 others v CS, Ministry Of Industrialization & Enterprise Development & 2 others [2015] KEHC 7834 (KLR)
- Court
- High Court of Kenya
- Case number
- 7834
- Citation
- [2015] KEHC 7834 (KLR)
- Decided
- 5 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for committal for contemptCoramAkiwumi, CR, Ibrahim, Kimaru, Lenaola, Musinga, Nyamu, Ojwang
Holding
The application for committal for contempt is granted.
Facts
Beatrice Wambui Mathenge, Rahma Adan Jillo, and George Otieno Ochich are members of the Co-operative Tribunal. They seek an order for committal for contempt against the Cabinet Secretary, Ministry of Industrialization and Enterprise Development, and the Chairman, Co-operative Tribunal for disobeying an order issued on 17th March 2015.
Issues
- Contempt of court proceedings
- Compliance with court orders
Reasoning
The court follows English law on contempt of court proceedings, emphasizing the importance of court orders being complied with. The court upholds the authority and dignity of the court and will not condone deliberate disobedience.
Outcome
Granted
Orders
- An order for Committal for Contempt be issued against the Cabinet Secretary, Ministry of Industrialization and Enterprise Development, Mr. Adan Mahommed, Principal Secretary Ministry of Industrialization and Enterprise Development, Dr. Wilson Songa, and The Chairman, Co-operative Tribunal, Mr. Mwangi Timothy Kariuki for a period of six (6) months or for such time as the court may determine for knowingly disobeying an order of this court issued on 17th March 2015.
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. GulabchandPopatlal 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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