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ELRCAllowedNot stated in the judgment (Judicial Review contempt proceedings arising from Application No. 29 of 2018)· [2023] KEELRC 3075 (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) (Exparte Applicant) (Judicial Review Application 29 of 2018) [2023] KEELRC 3075 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#Kenya's High Court cited a Kiambu County finance official for contempt for repeatedly ignoring a court order to pay Kshs. 17.2 million.
What this practically means
#Executive summary
#This was a contempt of court determination arising from a Notice of Motion dated 14th December 2021 seeking to commit the 2nd Respondent, William Kimani, to civil jail for disobeying orders issued by Makau J on 7th February 2020. Those orders directed the 2nd Respondent, the Chief Officer - Finance, ICT and Economic Planning of the Kiambu County Government, to pay the Ex Parte Applicant Kshs. 17,201,967 as the decretal sum arising from a judgment by Hon Kituku on 11th April 2018 in Kiambu CMCC No. 175 of 2016, together with accrued interest and costs. By a ruling dated 28th March 2023, Ndolo J had deferred final determination of whether to cite the 2nd Respondent and instead summoned him to explain non-payment. Partial payments were made, but the outstanding balance continued to accrue interest, and repeated undertakings by Counsel for the 2nd Respondent - including an undertaking of 19th July 2023 to settle within forty-five days - were not honoured. The 2nd Respondent had contended that the decretal sum was not budgeted for under the Public Finance and Management Act and that a supplementary budget was being prepared. The court held there was no dispute that the 2nd Respondent failed to comply with a valid court order, and that belief that an order is improper is no excuse for disobeying it. The court cited William Kimani for contempt of court, awarded costs to the Ex Parte Applicant, and directed mitigation and sentencing on 22nd January 2024.
Key legal issues
#01
Whether the 2nd Respondent was in contempt of the orders issued on 7th February 2020
Holding
Yes - the 2nd Respondent persistently disobeyed the valid orders and was cited for contempt of court.
Reasoning
The court found no dispute on the record that the 2nd Respondent failed to comply with a valid order. Despite repeated undertakings, including an undertaking on 19th July 2023 to settle the outstanding amount within forty-five days, no payment or proposal was made. Authorities establish that obeying court orders is of high importance and that wilful disobedience is punishable as contempt, even where the contemnor considers the order improper.
p. 3
Legal principles established
#- The power to punish contempt protects the supremacy of the law, not the private rights of parties or the personal integrity of courts.
- Wilful disobedience of a court order is punishable as contempt; belief that the order was improperly obtained or too wide is no excuse.
Court orders
#- 1.William Kimani, the 2nd Respondent, is cited for contempt of court
- 2.The Ex Parte Applicant to have the costs of the case
- 3.Mitigation and sentencing on 22nd January 2024
- Jurisdiction invoked
- Inherent power to punish contempt of court; judicial review orders of Makau J issued 7th February 2020
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) (Exparte Applicant) (Judicial Review Application 29 of 2018) [2023] KEELRC 3075 (KLR)", Case Analysis (2023). Not stated in the judgment (Judicial Review contempt proceedings arising from Application No. 29 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3075/eng@2023-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.