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Republic v Public Procurement Administrative Review Board; Rhombus Construction Company Limited (Interested Party); Rhombus Construction Company Limited & another (Exparte); Mwangemi (Contemnor) (Judicial Review E002 of 2021) [2021] KEHC 301 (KLR) (2 December 2021) (Ruling)

[2021] KEHC 301 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
301
Citation
[2021] KEHC 301 (KLR)
Decided
2 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for ContemptCoramJM MATIVO
Holding

The application fails, and the applicant's application dated 7th October 2021 is dismissed with no orders as to costs.

Facts

The applicant, Rhombus Construction Company Limited, seeks orders against Amb. John Mwangemi, the Acting Manager Director and Accounting Officer of Kenya Ports Authority, for disobeying court orders and Review Board's orders.

Issues

  1. Contempt proceedings
  2. Orders compliance

Reasoning

The court found that the prerequisites for issuing contempt orders have not been established beyond reasonable doubt, thus the application is dismissed.

Outcome

Dismissed

Authorities cited

Cases cited (5)
  • Kristen Carla Burchell vs Barry Grant Burchell
  • SCA v Minister of Immigration
  • NAFK v Minister of Immigration
  • Daihatsu Australia Pty Ltd v Federal Commission of Australia
  • Fakie NO v CCII Systems (Pty) Ltd
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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