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ELRCOtherJudicial Review Application No. 20 of 2018 (formerly High Court at Kiambu)· [2023] KEELRC 743 (KLR)
Republic v County Secretary, Finance, ICT & Economic Planning County Government of Kiambu & another; Mungai (Suing as Legal Representative of the Estate of Anthony Mungai Kirika - Deceased) (Ex parte Applicant) (Judicial Review Application 29 of 2018) [2023] KEELRC 743 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to jail a county official for ignoring a payment order because part of the debt had already been paid, but kept the contempt threat alive.
What this practically means
#Executive summary
#This is a ruling of the Employment and Labour Relations Court at Nairobi (Linnet Ndolo J) in a matter originally filed in the High Court at Kiambu as Judicial Review Application No. 20 of 2018 and transferred pursuant to an order of Meoli J of October 9, 2018. The ex parte applicant obtained an order of mandamus from O.N Makau J directing the 2nd respondent, the Chief Officer - Finance, ICT and Economic Planning, Kiambu County Government, to pay Ksh 17,201,967 being the decretal sum from Kiambu CMCC No. 175 of 2016 (judgment by Hon Kituku, April 11, 2018), together with accrued interest and costs. The applicant filed a notice of motion dated December 14, 2021 seeking committal of the 2nd respondent to civil jail for contempt of those orders. The 2nd respondent, William Kimani, opposed the application through a replying affidavit, deponing that the decretal sum had not been budgeted for under the Public Finance and Management Act and that a supplementary budget was being prepared. Rather than determine the committal application immediately, the court directed the parties to appear on several occasions, during which part-payments towards the decretal sum (said by the 2nd respondent's counsel to be Ksh 11 million) were made. The court found the alleged contempt partially purged but, because neither party filed a statement of account quantifying the payments, it withheld a final determination on whether to cite the 2nd respondent for contempt, pending a joint statement of account to be filed within forty-five days. It made no orders as to costs at that stage.
Key legal issues
#01
Whether the 2nd respondent should be cited for contempt of the mandamus order
Holding
Determination deferred; contempt partially purged by part-payment
Reasoning
The court noted that payments had been made towards satisfaction of the decretal sum since the contempt application was filed, meaning the contempt was partially purged. However, counsel gave inconsistent figures and neither side filed a statement of account, so the court could not determine the extent of compliance and deferred a final decision.
p. 3
Legal principles established
#- Where partial payment towards a decretal sum is made after a contempt application is filed, the alleged contempt is partially purged and the court may withhold final determination pending proof of the extent of payment
Court orders
#- 1.Final determination as to whether to cite the 2nd respondent for contempt of court is withheld pending filing of a joint statement of account by the parties' advocates
- 2.The joint statement of account shall be filed within forty-five (45) days from the date of the ruling
- 3.No orders as to costs at this stage
- On appeal from
- High Court at Kiambu
- Judicial Review Application no 20 of 2018
- Jurisdiction invoked
- Matter transferred from the High Court at Kiambu pursuant to an order issued by Meoli J on October 9, 2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Secretary, Finance, ICT & Economic Planning County Government of Kiambu & another; Mungai (Suing as Legal Representative of the Estate of Anthony Mungai Kirika - Deceased) (Ex parte Applicant) (Judicial Review Application 29 of 2018) [2023] KEELRC 743 (KLR)", Case Analysis (2023). Judicial Review Application No. 20 of 2018 (formerly High Court at Kiambu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/743/eng@2023-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.