Waweru & another v Mukii & another (Suing as Legal Representative of the Estate of Francisca Vaati); Auctioneers (Interested Party) (Miscellaneous Civil Application E056 of 2025) [2025] KEHC 19498 (KLR) (11 November 2025) (Ruling) Neutral citation: [2025] KEHC 19498 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI MISCELLANEOUS CIVIL APPLICATION E056 OF 2025 LW GITARI, J NOVEMBER 11, 2025 BETWEEN DANIEL KANYINGI WAWERU ...................................................... 1ST APPLICANT PATRICK MAKAU MULAVU ......................................................... 2ND APPLICANT AND ROSALIA MUKII & ROBERT MWENDWA NZINGA (SUING AS LEGAL REPRESENTATIVE OF THE ESTATE OF FRANCISCA VAATI) . RESPONDENT AND AUCTIONEERS ....................................................................... INTERESTED PARTY RULING 1. The ruling relates to an application dated 10/9/2025 brought under a Certificate of Urgency and seeking orders that the court do order the unconditional release of Motor Vehicle Registration Number KDE 090P to the applicants. That court be pleased to issue summons to Ken Muigai Kirago t/a First Choice Auctioneers to show cause why he should not be punished by this court for contempt of court orders issued on 8/9/2025 in Kitui High Court Misc Application No. E052/2025. 2. That the said Ken Muigai Kirago T/A First Choice Auctioneers the above named contemnor be cited for contempt of his Honourable court for willfully disobeying the orders issued by the court on 8/9/2025 in Kitui HC Misc Apps. No. E052/2025 and be detained in prison for six months for being disobedient of the said court orders. That in lieu of such committal the court be pleased to order payment of a fine by the said contemnor for disobedience of the court orders. 3. The application is based on the grounds that Judgment was entered in Kitui CMCC E253/2024 on 14/05/2025 in the Sum of kshs. 3,037,926.50 plus costs and interests. However, the applicants moved https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19498/eng@2025-11-11 1
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this court to order stay of execution and leave to appeal out of time. This court ordered a conditional stay of execution by directing the applicant to pay the respondent half decretal sum within fourteen (14) days. The applicant complied with the order. 4. The court directed that the motor vehicle which had been attached by the auctioneers be released to the applicants and the auctioneer to have their bill of costs taxed. That despite the auctioneer being served with the said orders, he has blatantly refused to comply with the court orders necessitating the applicants to file this application. That it is only fair that the orders be granted. 5. The application is supported by the affidavit of Daniel Waweru Kanyingi the first applicant herein. The auctioneer was served but has not opposed the application nor has he complied with the orders issued by this court. 6. I have considered the application. The grounds thereof and the averments in the affidavit of the 1st applicant are not in dispute. The applicant has demonstrated that the auctioneer has ignored the orders of this court and has also failed to appear in court to show cause why he has not comply with court orders. 7. It is a well settled principle that court orders are not made in vain and a party to whom courts orders are directed to has a duty to comply with the orders whether or not he agrees with them. The aim is to ensure peace and order in the society as well as to maintain and ensure public confidence in the judicial process. The auctioneer has an obligation to comply with courts. 8. I find that the auctioneer having been served with the court orders and failed to obey the orders, is in contempt of court. The application to hold him in contempt has merits. I therefore order as follows: 1. The application is allowed. 2. Summons to issue to Ken Muigai Karago t/a First Choice Auctioneers to show cause why he should not be punished by this court for contempt of court orders issued on 8/9/2025 in Kitui HC Misc Application No. E052/2025. 3. Costs to the applicants. DATED, SIGNED AND DELIVERED AT KITUI THIS 11TH DAY OF NOVEMBER 2025 HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19498/eng@2025-11-11 2
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