1. The application before this court is dated 3rd December 2025. The applicant’s primary prayer being for an order for the refund of fine, which was paid pursuant to orders made by Hon, P Areri, in his ruling dated 19th November 2024 in Eldoret MCCC E404 of 2024.
2. In the proceedings before the magistrate’s court, the Honourable magistrate cited the applicant for contempt of court, and ordered the applicant to purge the contempt or pay a fine of Ksh 200,000 or serve a jail term of six months.
3. The applicant subsequently paid a fine of Ksh 185,556 as supported by court receipts.
4. He later appealed against the orders made by the learned trial magistrate. The court allowed the appeal and its ruling dated 7th May 2025 and set aside the ruling with the subsequent conviction and sentence.
5. Upon pronouncing itself, the court was silent on the fate of the fine paid by the appellant, applicant herein.
6. The applicant now seeks a refund of the same.
7. Having considered the application before me, I find that the applicant’s application is merited. The applicant application is allowed,
8. The fine paid, to the tune of Ksh 185,556 shall be refunded to the depositor forthwith
It is so ordered.
DELIVERED, DATED AND SIGNED ON 16TH JULY 2026.
RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.
MARTHA MUTUKU.
JUDGE
In the presence of: -
N/A for Appellant
N/A for the Respondent
Court Assistant – Mr.Zadock
2. In the proceedings before the magistrate’s court, the Honourable magistrate cited the applicant for contempt of court, and ordered the applicant to purge the contempt or pay a fine of Ksh 200,000 or serve a jail term of six months.
3. The applicant subsequently paid a fine of Ksh 185,556 as supported by court receipts.
4. He later appealed against the orders made by the learned trial magistrate. The court allowed the appeal and its ruling dated 7th May 2025 and set aside the ruling with the subsequent conviction and sentence.
5. Upon pronouncing itself, the court was silent on the fate of the fine paid by the appellant, applicant herein.
6. The applicant now seeks a refund of the same.
7. Having considered the application before me, I find that the applicant’s application is merited. The applicant application is allowed,
8. The fine paid, to the tune of Ksh 185,556 shall be refunded to the depositor forthwith
It is so ordered.
DELIVERED, DATED AND SIGNED ON 16TH JULY 2026.
RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.
MARTHA MUTUKU.
JUDGE
In the presence of: -
N/A for Appellant
N/A for the Respondent
Court Assistant – Mr.Zadock