North Tetu Farmers Co. Ltd v Joseph Nderitu Wanjohi [2016] KEHC 7193 (KLR)
- Court
- High Court of Kenya
- Case number
- 7193
- Citation
- [2016] KEHC 7193 (KLR)
- Decided
- 27 January 2016
The law that governs contempt of court proceedings is the English law applicable in England at the time the alleged contempt is committed.
Facts
The plaintiff/applicant moved the court under the provisions of the Judicature Act, seeking an order that the defendant/Respondent be committed to civil jail for a period not exceeding six months or attach his property or impose such penalty as the court may deem fit for contempt of court for disobeying the orders of this court dated 29th May 2014 and confirmed on 9.7.2014.
Issues
- Procedure for instituting contempt of court proceedings in Kenya
- Applicable law for contempt of court proceedings in Kenya
Reasoning
The court discusses the procedure for instituting contempt of court proceedings in Kenya and refers to the English law applicable in England at the time the alleged contempt is committed.
Outcome
The court ruled that the applicable law for contempt of court proceedings in Kenya is the English law applicable in England at the time the alleged contempt is committed.
Authorities cited
Legislation (3)
- Judicature Act
- Civil Procedure Rules, 2010
- Industrial Court Rules
Cases cited (1)
- John Mugo Gachuki vs New Nyamakima Co. Ltd
Loading judgment…