Naphtally Omido v Board of Management Namundera Mixed Sec. School [2016] KEHC 2722 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA AT KAKAMEGA.

MISC. CIVIL CASE NO. 23 OF 2016.

NAPHTALLY OMIDO :::::::::::::::::::::::::::::::::::::::::APPLICANT.

VERSUS

THE BOARD OF MANAGEMENT

NAMUNDERA MIXED SEC. SCHOOL:::::::::::: RESPONDENTS.

DIRECTIONS.

1.  The applicant appeared in court with respondent on 23rd September, 2016 complaining that the respondent had not complied with court order in that the minutes confirming the verdict/indictment had not been supplied to him.  He agrees he was supplied with verdict and proceedings thereof.  He was also paid Ksh. 10,000/= awarded by the court.

2. The applicant had lodged a motion for contempt of court application to compel respondent to comply with the court order.  I have perused the document furnished to the applicant and the order made herein.  I am satisfied that the court ordered the proceedings that documented the applicant indictment/verdict.

3. The court did not order minutes confirming the same to be supplied as that would amount to afresh cause of action, if court is to engage in entertaining the same.  The applicant can lodge his appeal and/or seek remedy using the furnished documents and if he finds same inadequate, he can seek assistance of the trial tribunal/court to call for more records.

4. For now the court finds the matter herein are spent and the instant file is formally closed.  No more costs are justified in view of the aforegoing circumstances.

Orders accordingly.

SIGNED, DATED AND DELIVEREDat KAKAMEGAthis  29TH  day of SEPTEMBER, 2016.

C. KARIUKI

JUDGE

In the presence of:-

....................................................................................for the Applicant.

.....................................................................................for the Respondent.

......................................................................................Court Assistant