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ELCOtherNot stated in the judgment text provided· [2018] KEELC 1907 (KLR)

Charles Iguna Nduyo, Kithetu Mugambi & Agnes Karia Makanya v Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee) & Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary) (Environment & Land Case 60 of 2016) [2018] KEELC 1907 (KLR)

High Court of Kenya
24 September 2018
293 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan High Court ruled that a contempt application must be heard before any attempt to set aside the judgment being disobeyed.

What this practically means

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Executive summary

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This is a short procedural ruling by P.M. Njoroge, Judge, delivered in open court at Chuka on 24th September 2018. Two applications were pending in the file: a contempt application dated 12th July 2018 seeking to punish the defendants for disobedience of court orders, and an application dated 9th August 2018 seeking to set aside the court's judgment delivered on 28th March 2018. Mr. Murango Mwenda for the plaintiffs asked that the contempt application be heard first, on two grounds: it was filed first, and an alleged contemnor should not seek favours or orders from the court whose orders he or she is disobeying. Mr. Linus Ndungu, holding brief for Mr. Kimathi for the defendants/alleged contemnors, indicated he was not ready to proceed on the setting-aside application because no responses to it had been received, but asked the court to grant prayers 4 and 5 of that application. Considering all apposite circumstances, the court found it necessary to have the contempt application heard first. By consent, the contempt application was fixed for hearing on 30th October 2018. The alleged contemnors were informed by the court to personally attend court on that date and on all other days when the contempt application comes up. No costs order was made, and prayers 4 and 5 of the setting-aside application were not dealt with in this ruling.

Key legal issues

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01

Sequencing of a contempt application against an application to set aside the underlying judgment

Holding

The court exercised its discretion to have the contempt application heard first, adopting the plaintiffs' reasoning based on priority of filing and the principle that an alleged contemnor should not seek favours from the court whose orders he is disobeying

Reasoning

Counsel for the plaintiffs urged two grounds: the contempt application was filed first, and an alleged contemnor should not seek orders from the court whose orders he or she is disobeying. Defence counsel was not ready to proceed on the setting-aside application, having not received responses. Weighing these circumstances, the court directed that the contempt application be heard first on 30th October 2018, by consent.

p. 1

Legal principles established

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  • Where two applications are pending, one for contempt of court orders and one seeking setting aside of the judgment whose orders are allegedly disobeyed, the court may direct that the contempt application be heard first

Court orders

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  1. 1.By consent, the application for contempt proceedings to be heard on 30th October, 2018
  2. 2.The alleged contemnors were informed by the court to personally be in court on 30th October, 2018 and on all other days when matters concerning the contempt application come up in court
Jurisdiction invoked
Not stated in the judgment text provided

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Iguna Nduyo, Kithetu Mugambi & Agnes Karia Makanya v Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee) & Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary) (Environment & Land Case 60 of 2016) [2018] KEELC 1907 (KLR)", Case Analysis (2018). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1907/eng@2018-09-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.