John Orwa v Orange Democratic Movement Party & 2 others [2017] KEHC 5153 (KLR)
- Court
- High Court of Kenya
- Case number
- 5153
- Citation
- [2017] KEHC 5153 (KLR)
- Decided
- 26 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typeelection petitionPostureappeal
Holding
The court found that the respondents disobeyed the interim order and ordered them to be cited for contempt and committed to civil jail for 6 months.
Facts
The applicant filed a complaint at the Political Parties Disputes Tribunal, seeking to prevent the 1st and 2nd respondents from forwarding names other than the applicant's to the Independent Elections and Boundaries Commission (IEBC) for the North Kanyamkago Ward political party primaries. The respondents disobeyed the interim order.
Issues
- contempt of court
- service of court process
Reasoning
The court ruled that the respondents disobeyed the interim order and that the service of court process was not properly followed.
Outcome
The court ordered the respondents to be cited for contempt and committed to civil jail for 6 months.
Orders
- cited for contempt and committed to civil jail for 6 months
Remedies
- exempted from serving a Notice To Institute Contempt proceedings to the Honourable Attorney General
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21
- Contempt of Court Act 2016
Cases cited (5)
- Law Society of Kenya v Martin Day & 3 others [2015] eKLR
- Nicholas Kiptoo Arap Korir Salat Vs IEBC & 6 Others [2013] eKLR
- Raila Odinga & 5 Others Vs IEBC & 3 Others Petition 5/2013 SC [2013] eKLR
- Shimmers Plaza Limited Vs. National Bank Of Kenya Civil Appeal No. 33 Of 2012
- Abu Chiaba Mohamed v Mohamed Bwana Bakari& 2 others [2005] eKLR
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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