' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. 390 OF 2014
KILIMANJARO SAFARI CLUB LIMITED………………….APPLICANT
VERSUS
COUNTY GOVERNMENT OF KAJIADO…….............1 ST RESPONDENT
CHIEF OFFICER – TREASURY
(FORMERLY FINANCE & ECONOMIC PLANNING,
KAJIADO COUNTY, MORRIS PUTITA KAAKA…...2 ND RESPONDENT
COUNTY EXECUTIVE COMMITTEE MEMBER
TREASURY (FORMERLY FINANCE & ECONOMIC PLANNING,
KAJIADO COUNTY, MICHAEL SEMERA) …………3 RD RESPONDENT
RULING
Today is the oral hearing of the application dated 6/10/2025 seeking to cite the Respondents for contempt of court orders made on 30/5/2026. This is a very old matter. The Respondent’s Counsel is not ready to proceed because there has been a challenge on information flow from the client and that the client is now ready to supply him with necessary documentation to be filed, to demonstrate the efforts being made to settle the decree. The court and the applicant are ready to proceed.
This court appreciates that contempt of court proceedings are serious proceedings that can lead to loss of liberty and that this is the first time that the application is due for hearing, the court having given directions for hearing of the application on 10/11/2025.
The Respondents have not, off course, demonstrated, at this stage, that the money decree has been settled. However, this court is a court of justice that must accord a party an opportunity to be heard including a hearing to mitigate the alleged contempt. What this court is interested in is settlement of decree of the court and therefore on the plea of the Respondent’s Counsel which the court takes to be in good faith, save that the Respondents must pay court adjournment fees of Kshs.4,000/- for today, and the applicant’s Counsel’s attendance costs.
I allow the request for a 7 day’s leave to file a replying affidavit to the contempt application and in default, the application shall be heard orally as earlier scheduled. I however recall the date fixed for mention before the Deputy Registrar since there is no settlement.
The applicant upon receipt of the response shall have 7 days to file and serve a further affidavit if need be. Hearing on 21/1/2026 by way of oral submissions.
Dated, Signed and Delivered at Nairobi this 2 nd Day of December, 2025
R.E. ABURILI
JUDGE
'
IN THE HIGH COURT OF KENYA NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. 390 OF 2014
KILIMANJARO SAFARI CLUB LIMITED………………….APPLICANT
VERSUS
COUNTY GOVERNMENT OF KAJIADO…….............1 ST RESPONDENT
CHIEF OFFICER – TREASURY
(FORMERLY FINANCE & ECONOMIC PLANNING,
KAJIADO COUNTY, MORRIS PUTITA KAAKA…...2 ND RESPONDENT
COUNTY EXECUTIVE COMMITTEE MEMBER
TREASURY (FORMERLY FINANCE & ECONOMIC PLANNING,
KAJIADO COUNTY, MICHAEL SEMERA) …………3 RD RESPONDENT
RULING
Today is the oral hearing of the application dated 6/10/2025 seeking to cite the Respondents for contempt of court orders made on 30/5/2026. This is a very old matter. The Respondent’s Counsel is not ready to proceed because there has been a challenge on information flow from the client and that the client is now ready to supply him with necessary documentation to be filed, to demonstrate the efforts being made to settle the decree. The court and the applicant are ready to proceed.
This court appreciates that contempt of court proceedings are serious proceedings that can lead to loss of liberty and that this is the first time that the application is due for hearing, the court having given directions for hearing of the application on 10/11/2025.
The Respondents have not, off course, demonstrated, at this stage, that the money decree has been settled. However, this court is a court of justice that must accord a party an opportunity to be heard including a hearing to mitigate the alleged contempt. What this court is interested in is settlement of decree of the court and therefore on the plea of the Respondent’s Counsel which the court takes to be in good faith, save that the Respondents must pay court adjournment fees of Kshs.4,000/- for today, and the applicant’s Counsel’s attendance costs.
I allow the request for a 7 day’s leave to file a replying affidavit to the contempt application and in default, the application shall be heard orally as earlier scheduled. I however recall the date fixed for mention before the Deputy Registrar since there is no settlement.
The applicant upon receipt of the response shall have 7 days to file and serve a further affidavit if need be. Hearing on 21/1/2026 by way of oral submissions.
Dated, Signed and Delivered at Nairobi this 2 nd Day of December, 2025
R.E. ABURILI
JUDGE
'