1. What is before this court is the Application dated 14th March 2023 wherein the Applicant seeks the following orders: -
1. )Spent;
2. )Spent;
3. )That Ms. Asha Abdi, the Chief Officer, Finance of County Government of Nairobi, the cited Contemnor herein do stand committed to civil jail for a period as this Honourable Court may determine, and an order for sequestration of the property of the said Ms. Asha Abdi, the Chief Officer, Finance of County Government of Nairobi be issued, for contempt of Court in that being aware of the Order made by the Honourable Court in this Application on 25th June 2021, knowingly and willfully violated and/or disobeyed and/or disregarded and /or thwarted and undermined the effect and purpose of the said order and knowingly and willfully failed to comply and/or take reasonable steps to ensure that the said order was obeyed.
4. )That the costs of and occasioned by this application be paid by the Chief Officer, Finance of County Government of Nairobi on indemnity basis.
The Applicant’s case:
2. It is the Applicant’s case that on 25th June 2021 a Judgment was delivered in the following terms:
“THAT an Order of Mandamus is hereby issued directing and compelling the Chief Officer, Finance of the County Government of Nairobi to satisfy the Order dated 5th December 2018, the Certificate of Order against Government dated 13th August 2019 and the Certificate of Order for Costs against Government dated 13th August 2019, issued in Constitutional Petition No. 563 of 2017; Raphael M.Nzomo & 7 others vs. County Government of Nairobi & 3 Others, within 21 days of this Judgement and Order.”
3. According to the Applicant, the Order was served upon the Respondent on 2nd September 2021 upon Mr.Halkano Waqo, who at the time of filing the present Application, was the Chief Officer, Finance of the County Government of Nairobi who has failed to comply with the Order.
4. It is for this reason that the Applicant filed the Application for contempt dated 29th November 2021, seeking inter alia summons to issue for the personal attendance of the then Chief Officer, Finance of County Government of Nairobi, Mr. Halkano Waqo, before the Honourable Court for contempt proceedings, and the citing of the said person for contempt and committal to civil jail for a period to be determined by the Honourable Court and sequestration of his property.
5. During pendency of the said Application Ms. Asha Abdi, took up the office of the Chief Officer, Finance of County Government of Nairobi.
6. The application it’s not opposed.
Analysis and determination:
7. From the materials before me it is not in dispute that on 25th June 2021 a Judgment was delivered in the following terms:
“That an Order of Mandamus is hereby issued directing and compelling the Chief Officer, Finance of the County Government of Nairobi to satisfy the Order dated 5th December 2018, the Certificate of Order against Government dated 13th August 2019 and the Certificate of Order for Costs against Government dated 13th August 2019, issued in Constitutional Petition No. 563 of 2017; Raphael M. Nzomo & 7 others vs. County Government of Nairobi & 3 Others, within 21 days of this Judgement and Order.”
8. It also not in dispute that the Court Order was served upon the Respondent on 2nd September 2021.The Respondent has not complied with the court order. The decretal sum remains due and outstanding. Court orders must be obeyed in order to protect the dignity of the court.
9. In the case of Wireless Kenya Ltd v. Minister for Information & Communication of Kenya & Another (2005) 1KLR 828, the court held as follows: -
"It is essential for the maintenance of the Rule of Law and order that the authority and the dignity of our Courts are upheld at all times. The Court will not condone deliberate disobedience of its orders and will not shy away from its responsibility to deal firmly with proved contemnors. It is the plain and unqualified obligation of every person against or in respect of whom, an order is made by Court of competent jurisdiction, to obey it unless and until that order is discharged. The uncompromising nature of this obligation is shown by the fact that it extends even to cases where the person affected by an order believes it to be irregular or void."
10. The court of Appeal in the case of Shimmers Plaza Limited vs National Bank of Kenya Limited [2015]eKLR, the court had this to say: -
a. “we reiterate here that court orders must be obeyed. Parties against whom such orders are made cannot be allowed to trash them with impunity. Obedience of court orders is not optional. Rather, it is mandatory and a person does not choose whether to obey a court order or not……
b. The Courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and center. This would amount to abdication of our sacrosanct duty bestowed on us by the constitution. The dignity them must be punished, lest they lead us all to a state of anarchy. We think we have said enough to send this important message across.”
11. Section 21 (3) of the Government Proceedings Act, imposes a statutory obligation upon Ms. Asha Abdi, as the Chief Officer Finance of the County Government of Nairobi under being the Accounting Officer of the Government Department concerned.
Disposition;
12. I find that the Applicant has proven its case.
Order;
1.Summons are hereby issued for the personal attendance of the Chief Officer, Finance of County Government of Nairobi, Ms. Asha Abdi, before the Honourable Court for hearing of the present application for contempt.
3.The matter shall proceed on 25th September 2024 in open Court at 11AM when Ms. Asha Abdi shall attend in person.
4.Costs in the cause.