Kay Construction Limited v Attorney General [2017] KEHC 2591 (KLR)

Facts

The Applicant, Kay Construction Limited, contracted the Respondent, Saitoti Torome, to undertake rehabilitation construction works on the aircraft pavement at the Laikipia Airbase. Despite completion and issuance of a certificate of completion, the Respondent failed to pay for the works. The parties went through arbitration and a court decree, but the Respondent failed to comply with the payment order.

Issues

1. Respondent's failure to pay the awarded sum and interest
2. Respondent's contempt of court order

Reasoning

The Respondent was aware of the court order and failed to comply, despite multiple attempts to settle the debt. The court found the Respondent in contempt and ordered committal to civil jail.

Outcome

Committal to civil jail for disobedience of the court order

Authorities cited