JudgmentKELVIN ROY OMONDI AND BONFACE MWANGI VS National Assembly AND CHIEF OF STAFF & HEAD OF PUBLIC SERVICE AND 8 Others
Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…they purge the contempt.…
…The Respondents and Interested Parties made brief oral responses opposing the oral application for contempt of Court and they were all unified in adopting a position that the matter of Contempt of Court is a grave one and…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…This ensures that a party will not be found in contempt where an order in unclear.…
…Further reliance was placed in the case of MNN vs JMM [2022] eKLR which held as follows on the burden of proof for contempt of court:- A contempt of court is an offence of a criminal character.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…case for civil contempt.…
…was stated by the learned authors of the book Contempt in Modern New Zealand who succinctly stated:- "There are essentially four elements that must be proved to make the case for civil contempt.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…What is before court is an application to cite the respondents for contempt of court.…
…Contempt is thus, conduct that impairs the fair and efficient administration of justice. Section 5 of the Judicature Act confers jurisdiction on the superior courts to punish for contempt.…
Division and case type: CHR and JRJudicial Review
…Inevitably, the applicant has initiated contempt of court proceedings against the 3rd respondent.…
…It is, therefore, a necessary prerequisite that before one is held to be in contempt it must be demonstrated that he was aware of the order or judgment he is alleged to be in contempt of.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…had not been specifically cited and were not made parties to the application for contempt.…
…The individuals alleged to be in contempt have not been specifically cited or made parties to the application for contempt, rendering the application untenable.…
Division and case type: High Court CivilFamily P&A Intestate
…She also cited the learned authors of the book Contempt in Modern New Zealand who succinctly stated:- “There are essentially four elements that must be proved to make the case for civil contempt.…
…Offence of contempt of court. Black’s law Dictionary (9 Edition) defines contempt of court as:- “conduct that defies the authority or dignity of a court.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…the contempt unless circumstances exist to suggest that the coming down, or the alleged purging of the contempt, is not genuine, or is done in bad faith, or is in itself a continuation of the original contempt.…
…case for civil contempt.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…for contempt is a discretionary one and should be used sparingly.” 28.…
…proved to make the case for civil contempt.…
Division and case type: High Court Judicial ReviewJudicial Review
…RULING ON LEAVE TO APPLY FOR CONTEMPT OF COURT 1.…
…settling the decree, to be cited for contempt. 26.…
Division and case type: High Court Judicial ReviewJudicial Review
…the respondents for contempt of court and notice to show cause. 5.…
…for contempt of court.…
Division and case type: High Court Judicial ReviewJudicial Review
…contempt.…
…A court without contempt power is not a court.[30] The contempt power (both in its civil and criminal form) is so innate in the concept of jurisdictional authority that a court that could not secure compliance with its own…
Division and case type: High Court Commercial and TaxCommercial Matters
…As such, the prevailing law on contempt in Kenya is the applicable English law on contempt at the time of the commission of the contempt.…
…The reason being that punishment for contempt involves deprivation of one’s liberty.…
Division and case type: CHR and JRJudicial Review
…In addition to providing a summary the background facts, the applicant submitted on the applicable law on contempt and relied on various authorities to underscore the key elements of contempt.…
…The applicable law as regards contempt of court existing before the enactment of the Contempt of Court Act was restated by the Court of Appeal in Christine Wangari Gachege vs.…
Division and case type: High Court CivilCivil Suit
…Contempt conduct comes in various forms; besides contempt in the face of court (or in facie curiae), disobedience of a court order or judgment is the factual foundation for contempt of court proceedings against the contemnor…
…Contempt law, therefore, aims to protect the administration of justice. 19.…
Division and case type: High Court Judicial ReviewJudicial Review
…are deemed to be guilty of contempt.…
…It is, therefore, a necessary prerequisite that before one is held to be in contempt, it must be demonstrated that he was aware of the order or judgment he is alleged to be in contempt of.…
Division and case type: High Court Judicial ReviewJudicial Review
…On the significance of contempt proceedings, the Court in the case of Econet Wireless LTD vs.…
…(as he then was in the High Court) restated the test for establishing contempt of court and stated that: “40.It is an established principle of law that in order to succeed in civil contempt proceedings, the applicant has…
Division and case type: High Court DivCommercial Matters
…Contempt of court is not merely a mechanism for the enforcement of court orders.…
…Mweru Case (Supra), Mativo J. set down the test for contempt as follows: “40.…
Division and case type: High Court CivilCivil Appeal
…The law on contempt of court in Kenya is well settled.…
…This is a fundamental requirement in contempt proceedings.…
Division and case type: High Court Judicial ReviewJudicial Review
…E042 OF 2025 IN THE MATTER OF APPLICATION FOR LEAVE TO COMMENCE CONTEMPT OF COURT PROCEEDINGS AND AN APPLICATION TO CITE, IN CONTEMPT OF COURT, THE 1 ST RESPONDENT AND ITS ACCOUNTING OFFICERS, ARREST, DETAIN AND COMMIT THE…
…Committal to civil jail is a punishment for contempt after mitigation and it is only one of the modes of punishing for contempt.…