F.W. Njoroge t/a F.W. Njoroge & Co. Advocates v County Secretary, Ilkejuado County Government (sued as the successor of Olkejuado County Council) [2017] KEHC 6826 (KLR)
- Court
- High Court of Kenya
- Case number
- 6826
- Citation
- [2017] KEHC 6826 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent's non-compliance with mandamus order leading to ex parte application for warrants of arrest and committal
Holding
The ex parte application for warrants of arrest and committal is granted due to the respondent's non-compliance with the mandamus order.
Facts
The applicant sought a mandamus order compelling the respondent to pay a sum of Kshs 5,073,269.00. The respondent failed to comply with the order, leading to an ex parte application for warrants of arrest and committal.
Issues
- Non-compliance with mandamus order
- Contempt of court
Reasoning
The court emphasized the importance of compliance with court orders and the principle that parties should not disobey court orders, even if they believe the order is invalid. The court also noted the potential for contempt if an order is disobeyed.
Outcome
The ex parte application for warrants of arrest and committal is granted.
Orders
- Warrants of arrest and committal to civil jail be issued to the respondent as against the applicant and do subsist in force till the decretal amount is paid in its entirety.
- The costs of this application be borne by the respondent.
Remedies
- Warrants of arrest and committal to civil jail be executed by the Commissioner of Police through the Officer Commanding Police Division I Nairobi and/or through any other officer in a position to execute them as may be ultimately designated by this court.
Authorities cited
Legislation (2)
- County Government Act
- Urban Areas and Cities Act
Cases cited (1)
- 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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