National Bank of Kenya Ltd v County Council of Olekejuado & 2 others

No. 143/2013 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CIVIL MISCELLANEOUS (JR) NO. 5 OF 2012 NATIONAL BANK OF KENYA LTD ................................APPLICANT VERSUS COUNTY COUNCIL OF OLEKEJUADO..............1ST RESPONDENT CONTINENTAL INTERGRATED INDUSTRIES LTD..................................................2ND RESPONDENT JAMES KAGONIA WARUI ...................................3RD RESPONDENT RULING 1. Following my ruling dated 4th November, 2013, whereby I declined to grant leave to the Ex-parte applicant to institute contempt of court proceedings against the Respondents for failure to serve the Attorney General’s office, the applicant has brought another Notice of Motion dated 18 th November, 2013. 2. In the Motion, the applicant seeks leave to file contempt proceedings against the town clerk (or official serving in equal capacity) of Olkejuado County Council for disobeying the Order of the court dated 18th September, 2012. 3. In the said application the Ex-parte applicant has demonstrated that he has now complied with the requirement. 4. The application dated 18th November, 2013 is ideally identical to the one instituted on 25th October, 2013. An application for leave to institute contempt proceedings does not seek determination of a suit on merits. The principle of resjudicata would therefore not apply. Evidence having been tendered that the State Law Office received the notice to institute contempt proceedings, I hereby grant leave sought. 5. It is so ordered. DATED, SIGNED and DELIVERED at MACHAKOS this 9TH day of DECEMBER, 2013. L.N. MUTENDE JUDGE