Molly Wambui Kiragu (Suing as Administrator of the Estate of the late Samuel Kiragu Michuki) v Governor - Nairobi City County & another [2018] KEHC 9448 (KLR)
- Court
- High Court of Kenya
- Case number
- 9448
- Citation
- [2018] KEHC 9448 (KLR)
- Decided
- 24 September 2018
The court finds that the applicant has two identical applications pending before the court and that the application dated 15th November 2017 is not incurably defective and incompetent.
Facts
The applicant, Molly Wambui Kiragu, seeks an order of mandamus and contempt proceedings against the Governor and County Secretary of Nairobi City County for disobeying a court order issued on 20 November 2015.
Issues
- Whether the applicant has two identical applications pending before this court.
- Whether the application dated 15th November 2017 is incurably defective and incompetent.
- Whether the applicant has established that the Respondents are guilty of contempt.
- Whether the County Governor and the County Secretary are properly enjoined in this application.
Reasoning
The court dismissed the argument that the applicant had two identical applications, noting that the application dated 2nd May 2017 was withdrawn. The court also found that the application dated 15th November 2017 was not defective.
Outcome
The court granted the applicant's application for contempt proceedings against the Governor and County Secretary.
Orders
- An order that a Notice to Show Cause be issued to the first and second Respondents/Contemnors to show cause why contempt of Court proceedings should not be commenced against them for disobedience of orders of this Honourable Court issued on 20 November 2015.
- An order that contempt of Court proceedings be commenced against the first and second Respondents/Contemnors and they be deemed to be guilty of the contempt of the orders of this Honourable Court issued on 20th November 2015 and they be liable to imprisonment for a term not exceeding six (6) months or to a fine not exceeding Two Hundred Thousand Shillings (Ksh. 200,000/=) or to both.
Remedies
- The costs of this application be provided for.
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Contempt of Court Act, 2016
- County Governments Act
Cases cited (5)
- Consolidated Fish (Pty) Ltd v Zive 1968 (2) SA 517 (C) 524D
- Noel Lancaster Sands (Edms) Bpk v Theron 1974 (3) SA 688 (T) 691C
- S v Beyers 1968 (3) SA 70 (A) at 76E and 76F-G
- Jonathan Burchell Principles of Criminal Law (3ed, 2005)
- CR Snyman Strafreg (4ed, 1999)
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