Eunice Makori & another v Torome Saitoti & another [2017] KEHC 4714 (KLR)
- Court
- High Court of Kenya
- Case number
- 4714
- Citation
- [2017] KEHC 4714 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for leave to commence contempt proceedingsCoramJ. K. SERGON
Holding
The court grants leave to commence the contempt proceedings as sought in prayers a, b, and c of the summons within 14 days from the date hereof.
Facts
The applicants have obtained a judgment against the Attorney General in the sum of Kshs.17,257,930.00, and the judgment debtor, the Permanent Secretary, Ministry of Defence, has failed to comply with the court order.
Issues
- Whether the applicants have shown a prima facie case for contempt of court.
- Whether the court should grant leave to commence contempt proceedings.
Reasoning
The applicants have shown a prima facie case and the judgment debtor has failed to comply with the court order.
Outcome
Leave granted to commence contempt proceedings
Orders
- The 1st respondent (Permanent Secretary, Ministry of Defence) be cited for contempt of court and be committed to jail and to pay such a fine as the court may deem just and fit to impose to meet the ends of justice.
- The 2nd respondent (Joseph K. Boinnet) be ordered to effect the arrest of the 1st respondent (Permanent Secretary, Ministry of Defence) failure to which he himself will be cited for contempt and be committed to jail and to pay such a fine as the court may deem just and fit to impose to meet the ends of justice.
Remedies
- Contempt of court proceedings
- Citation and punishment of the Permanent Secretary for contempt.
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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