Fridah Kendi v Lawrence Majau Mberia, Festus Kathendu & County Government Of Meru [2015] KEHC 2567 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL CASE NO 104 OF 2012

FRIDAH KENDI ........................................PLAINTIFF/RESPONDENT

VERSUS

LAWRENCE MAJAU MBERIA ...........1ST DEFENDANT/APPLICANT

FESTUS KATHENDU..........................2ND DEFENDANT/APPLICANT

COUNTY GOVERNMENT OF MERU........................3RD DEFENDANT

RULING

This application is dated 13th July, 2015 and seeks orders:-

THATthe application be certified urgent and it be heard ex-parte in the first instance.

THATan order be issued, for arrest and detention in prison and/or for payment of a fine, against FRIDAH KENDI, the Plaintiff/ Respondent herein, for  disobedience of the orders given on 23. 04. 2015  and on 14. 05. 2015  and issued on 23/04/2015 and 19. 05. 2015 respectively.

THATin the alternative to prayer 2 above an order be issued, for attachment and sale of the properties of FRIDAH KENDI, the plaintiff  herein, for disobedience of the orders given on 23. 04. 2015 and on 14. 05. 2015 and  issued on 23/04/2015 and 19. 05. 2015 respectively.

THATcosts of the application be provided for.

It is supported by the affidavit of Carlpeters Mbaabu, the applicants’ advocate and has the following grounds:-

THATthe applicants obtained orders against the respondent on 23. 04. 2015 and 14. 05. 2015, both of which were dully served upon her counsel on record.

THATthe respondent has blatantly disobeyed the afore-said orders, by absolutely refusing to co-operate to open a bank account and release the subject rent from the date of filing this suit to-date, to be deposited in bank, as ordered by the Hon. Court.

THATthe respondent has no respect for Court orders and the rule of law.

The application came up for interpartes hearing on 30/09/2015.

The Contemnor Fridah Kendi told the Court that she was not aware of the Court orders until they were served upon her in Court on 24th September, 2015, She told the Court that she would obey the Court orders given by the Court on 23/04/2015 and on 14/05/2015  and issued on 23/4/2015 and on 19/5/2015.

Mr. Mbaabu, the applicants advocate told the Court he was willing to have the application marked as settled if the Contemnor purged the apposite contempt.

I have given this matter careful consideration and I issue the following orders:

The applicants and the Contemnor are  given 14 days to implement the Court orders which are the subject of this application.

The parties will come to Court on 9th November, 2015 for further directions.

It is so ordered.

Delivered in open Court this 30th day of  September, 2015 in the presence of:-

CC:Lilian/Daniel

Carlpeters Mbaabu for Applicants

Mutegi holding brief for Miss Kiome for the Respondent.

P.M NJOROGE

JUDGE