1. Vide an application dated 5th March 2024, the Respondent/Applicant sought to have Mr Randolph Tindika, learned counsel for the Respondent, removed as a mandatory signatory of bank account No. 0181400005 held at Credit Bank, Nkrumah Branch in the joint names of the parties counsels. She also sought to have this Court find that Mwende Mathila alias Dorries Mwende Juma to be in contempt of the Court’s orders of 29th February 2024 and “thereafter be detained in prison for a period not exceeding six (6) months”.
2. The application was supported by the annexed affidavit of the Respondent/Applicant.
3. The Appellant filed a Notice of Preliminary Objection dated 12th March 2024, vide which the jurisdiction of this Court to hear and determine the application was impugned. It was also stated in the Preliminary Objection that the Respondent/Applicant filed a similar application before the trial Court which was dismissed on 27th July 2023. No appeal was lodged against the said decision. The Appellant/Respondent stated that the instant application was a ploy by the Respondent/Applicant to obtain the orders she was unable to get at the Court below through the backdoor. It was urged further that the Court did not issue any orders on 29th February 2024.
4. The Appellant/Respondent also filed a Replying Affidavit sworn on 22nd March 2024.
5. The parties made oral submissions on 25th March 2024, which I have considered.
6. In my view, the only issue for determination is whether this Court issued an order on 29th February 2024 directing the Appellant/Respondent to make payment.
7. I have perused the proceedings of 29 February 2024. I note that the only order that this Court issued on the said date was to the effect that “mention on 3rd April 2024.” Can this form the basis for an application now before me? In my view, it cannot.
8. The application before me is clearly bereft of merit. In the circumstances, I uphold the preliminary objection. The application dated 5th March 2024 is hereby struck off. Each party shall bear own costs.
9. Orders accordingly.
Dated and signed this 15th day of April 2024 at Mombasa. Ruling delivered virtually via Microsoft TEAMS.