Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…This court do find and declare that the respondents are jointly and severally in contempt of court orders issued on 20 March 2024.…
…The office of the deponent has not violated any Court Orders as alleged. There is no service upon the respondents as alleged.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…the applicant sought orders among others that: a) The respondent be ordered to present in Court the extract containing the officials of the applicant as per the elections conducted on 11th February, 2021 pursuant to the Court…
…orders issued on 21st December, 2023 in the next mention date given by the Honourable Court to enable the applicant union operate and or conduct its day to day functions. b) The Honourable Court be pleased to grant leave…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Acting Managing Director of of the Respondent, one CPA Wycliffe Ochiaga be held in contempt for willful disobedience of the court orders issued on 16th March, 2023. v.…
…Had this to say on contempt: - “Court orders must be obeyed at all times in order to maintain the Rule of Law and good order.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…re-opened save in exceptional circumstance and the respondent had not demonstrated any error in the original computation of gratuity, to urge that an Order of mandamus is necessary to compel the 2nd respondent to comply with court…
…orders without delay as held in Republic V Kenya Revenue Authority ex parte Safarilink Ltd [2015] eKLR.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Despite being aware of the court orders dated 14 March 2024, the respondents have failed to settle the decretal sum and have wilfully and intentionally disregarded the court orders.…
…The respondents have failed and neglected to attend court to state why there is no obedience to the court orders issued herein and as outlined above.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The obligation to obey Court Orders has been explained variously.…
…Ndung’u in Republic V County Government of Kitui Ex Parte Fairplan Systems Ltd [2022] eKLR; “…Any lapse in enforcement of Court Orders is a sure invite to a total breakdown of law and order and the rule of law as we know…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It is not disputed that the Respondents have a public legal duty to obey court orders arising from the decree issued in Kisumu ELRC Cause No.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The Employment and Labour Relations Court at Kisumu granted an order of mandamus to compel the respondents (County Government of Kisumu and related entities) to pay Kshs.561,683.71 with interest and costs ordered in a prior petition (Kisumu PETITION NO. 36 OF 2017) that the applicants won. The court found the respondents' failure to comply with the Certificate of Order of Costs Against the Government, despite the applicants' efforts to execute the decree, and noted that the respondents did not respond to the application but were granted leave to file responses. The court concluded that the order of mandamus was enforceable as the application was unopposed and granted by consent, with the respondents failing to act on court directions regarding responses and submissions.
Division and case type: Employment and Labour Relations CourtJudicial Review
…It is further applicant’s case that 2nd respondent has disregarded the said express orders of the court and are now proceeding to prosecute the application dated 24th May 2021 in ELRC Misc.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Administration & Internal Security and Republic V Attorney General & another Ex Parte Wanjee Raki [2016] eKLR, to urge that budgetary constraints or lack of funds are not legally recognized justifications for disobeying court…
…orders.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…only comply with a decree of the court through the relevant officers who have the legal mandate to make payments on behalf of the government and also those who have the mandate to advise the Government on compliance with court…
…orders.…
Division and case type: High Court Judicial ReviewJudicial Review
…Government institutions, State officers, banks, and all and sundry are enjoined by law to comply with Court orders.…
…The accounting officer denies being in deliberate disobedience of the mandamus orders of this Court. 14.…
Division and case type: High Court Judicial ReviewJudicial Review
…The police should never be involved in securing compliance with court orders.\" 18.…
…It is this court holding that the respondents are aware of the court orders, and they are simply and casually refusing to comply with them. 23.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Significantly, the 2nd respondent admitted that the respondents were committed to honouring the court Orders but for the financial procedures.…
…It is trite law that non-availability of budgetary provisions or financial year cannot be a justification for disobedience of court orders.…
Division and case type: High Court Judicial ReviewJudicial Review
…contempt of court orders, to be cited to be in contempt of court orders of 14 th May 2025 and to be committed to civil jail for a period not exceeding six months. 3.…
…The applicant decree holder seeks for an order that Notice do issue to the respondent accounting officer to appear in persona nd show cause why he should not be held in contempt of court orders of this court issued on 14…
Division and case type: High Court Judicial ReviewJudicial Review
…Orders aforesaid, the Applicant has preferred to bring the instant application seeking to challenge this Honourable Court’s subsisting valid Orders and as such, the Application is a guise meant to circumvent valid Court…
…Through its Ruling and Orders of the Honourable Court of 11th July 2025 this court found the Applicant in contempt of the Court Orders. 19.…
Division and case type: High Court Judicial ReviewJudicial Review
…Wilson Njoroge Gakuya, be committed to civil jail and/or fined for contempt for disobedience of Court Orders issued on 28th July 2023 in JR Misc. Application No. E155 of 2022. b) THAT the costs. 2.…
…Court Orders are not issued in vain and must be obeyed by all irrespective of status in the society.…
Division and case type: High Court Judicial ReviewJudicial Review
…That the respondents were well represented and were well aware of the penal notice for disobedience or non-observance of the court orders.…
…It is not limited to enforcing court orders.…
Division and case type: High Court Judicial ReviewJudicial Review
…orders and continues to persist in defying valid court orders. 5.…
…Contempt encompasses conduct that undermines the administration of justice, including wilful disobedience of court orders.…
Division and case type: High Court Judicial ReviewJudicial Review
…I reiterate what courts have stated on behalf of the people of Kenya, in exercise of Judicial authority, that court orders are not made in vain and are not mere suggestions.…
…There are consequences for non-compliance with court orders and these consequences are penal in nature.…