REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL CASE NO 104 OF 2012 FRIDAH KENDI ........................................PLAINTIFF/RESPONDENT VERSUS LAWRENCE MAJAU MBERIA ...........1ST DEFENDANT/APPLICANT FESTUS KATHENDU..........................2ND DEFENDANT/APPLICANT COUNTY GOVERNMENT OF MERU........................3RD DEFENDANT RULING This application is dated 13th July, 2015 and seeks orders:1. THAT the application be certified urgent and it be heard ex-parte in the first instance. 2. THAT an order be issued, for arrest and detention in prison and/or for payment of a fine, against FRIDAH KENDI, the Plaintiff/ Respondent herein, for disobedience of the orders given on 23.04.2015 and on 14.05.2015 and issued on 23/04/2015 and 19.05.2015 respectively. 3. THAT in the alternative to prayer 2 above an order be issued, for attachment and sale of the properties of FRIDAH KENDI, the plaintiff herein, for disobedience of the orders given on 23.04.2015 and on 14.05.2015 and issued on 23/04/2015 and 19.05.2015 respectively. 4. THAT costs of the application be provided for. It is supported by the affidavit of Carlpeters Mbaabu, the applicants’ advocate and has the following grounds:i. THAT the applicants obtained orders against the respondent on 23.04.2015 and 14.05.2015, both of which were dully served upon her counsel on record. ii. THAT the respondent has blatantly disobeyed the afore-said orders, by absolutely refusing to co-operate to open a bank account and release the subject rent from the date of filing this suit to-date, to be deposited in bank, as ordered by the Hon. Court. iii. THAT the respondent has no respect for Court orders and the rule of law. The application came up for interpartes hearing on 30/09/2015. The Contemnor Fridah Kendi told the Court that she was not aware of the Court orders until they were served upon her in Court on 24th September, 2015, She told the Court that she would obey the Court orders given by the Court on 23/04/2015 and on 14/05/2015 and issued on 23/4/2015 and on 19/5/2015.
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Mr. Mbaabu, the applicants advocate told the Court he was willing to have the application marked as settled if the Contemnor purged the apposite contempt. I have given this matter careful consideration and I issue the following orders: 1. The applicants and the Contemnor are given 14 days to implement the Court orders which are the subject of this application. 2. The parties will come to Court on 9th November, 2015 for further directions. It is so ordered. Delivered in open Court this 30th day of September, 2015 in the presence of:CC:Lilian/Daniel Carlpeters Mbaabu for Applicants Mutegi holding brief for Miss Kiome for the Respondent. P.M NJOROGE JUDGE
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