In the applicant’s Application 17.10.2022, the Applicant seeks orders to execute the decree herein by way of arrest and committal to civil jail. Although the Respondent disputes that there is a judgment and decree in the matter or that in fact it cannot be enforced, the record is clear that by a ruling dated 23.02.2021, Chitembwe J adopted the decision of the Advocates Disciplinary Tribunal ordering the Respondent to pay Kshs.500,000.00 together with interest thereon.
The Respondent contends that he has appealed against the decision and a ruling is pending before the Court of Appeal on his application for stay pending appeal. He however concedes that he has not paid the amount adjudged by the court to date. In my view, there is no reason to stop execution of this otherwise old matter as there is no stay of the ruling of this court. The judgment entered by this court is unequivocal on what the Respondent, as an officer of the court, must pay. He must now pay the amount as directed by the court and no cause having been shown, the application dated 17.10.2022 is allowed as prayed.
The Respondent shall pay costs of the application assessed at Kshs. 10,000.00.
DATED and DELIVERED at NAIROBI this 16th day of OCTOBER 2023
D. S. MAJANJA
JUDGE