Hezron Ossorey Jura Odongo v Kenya Railways Corporation & Kenya Commercial Bank [2015] KEHC 2286 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CIVIL APPLICATION NO. 223 OF 2010

HEZRON OSSOREY JURA ODONGO …....................................... APPLICANT

VERSUS

KENYA RAILWAYS CORPORATION …..................................... RESPONDENT

KENYA COMMERCIAL BANK ….................................................... GARNISHEE

RULING

In the Notice of Motion dated 1st July 2015 the applicant/decree holder craves for leave to cite the Managing Director of the Kenya Railways Corporation – Atanas Maina and the Secretary (name not provided) for contempt of Court for failure to settle the decretal sum in Kisumu C.M.C.C. 464 of 2003. The application is supported by the affidavit of Hezborn Ossorey Jura Odongo sworn on (undated).  From the record an Order for Mandamus compelling the Managing Director of Kenya Railways Corporation to pay the decretal sum was issued by this Court on 23rd March 2009(Mwera, J, as he then was).  Thereafter on 9th March 2012 the Court (Ali-Aroni J) made an order that the counsel for the Respondent produce the secretary to the Respondent to explain the delay in payment of the decretal sum.  That production was to be within 14 days of the ruling and indeed the secretary was produced on 23rd March 2012.  It appears that the parties entered into negotiations. On 11th July 2012 the Court (Ali-Aroni J) gave the Respondent seven days to pay up but it appears that there was still no payment. The applicant/Decree Holder then made an attempt at Garnishee proceedings but that was not successful (see Muchelule J's ruling delivered on 22nd July 2013).  He thereafter filed this application which I am satisfied has merit.

Accordingly, the applicant is granted leave to cite the Managing Director and Corporation Secretary for contempt.  He shall also get the costs of the application.

It is so ordered.

Signed, dated and delivered this ...30th.. day of …September... 2015

E. N. MAINA

JUDGE

In presence of:-

Mr. Omondi T. for  Applicant/Decree Holder

CC:  Moses Okumu