Ondoo v Ondoo [2022] KEHC 451 (KLR)

Ondoo v Ondoo (Succession Cause 610 of 2014) [2022] KEHC 451 (KLR) (9 May 2022) (Ruling)

Neutral citation: [2022] KEHC 451 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 610 of 2014

FA Ochieng, J

May 9, 2022

IN THE MATTER OF THE ESTATE OF THE LATE FREDRICK ONDOO OLENDO (DECEASED)

Between

Rose Achola Ondoo

Applicant

and

Melania Achola Ondoo

Respondent

Ruling

IntroductionThe application dated November 26, 2019 seeks an order to compel Melenia Achola Ondoo to account for the proceeds of sale of Plot No. 736 – 266 Kayole, Nairobi; and Plot No. 279 – 5A Umoja Estate Phase II , Nairobi.

1. The Applicant, Rose Agola Ondoo, also asked the Court, in the Alternative, to order that the Respondent be committed to civil jail for 6 Months or to be fined Kshs 200,000/= for her wilful disobedience of the Court Order dated November 21, 2016.

2. On 21st November 2016 Majanja J. made an order in the following terms;“23. I direct the Melenia Achola Ondoo to account for the proceeds of sale of Plot No. 736 – 266 at Kayole Nairobi and Plot No. 279 – 5-A at Umoja Estate Phase II, Nairobi within thirty (30) days from the date hereof.”

3. On February 10, 2020 this Court directed the Respondent to comply with the orders which Majanja J. made on November 21, 2016 within 14 days from February 10, 2020 or within 14 days from the date of service of the order.

4. The Court further ordered the Respondent to personally attend Court on April 20, 2020, so as to enable the Court ascertain whether or not she had complied.

5. Finally, the Court ordered thus;“3. THAT in the event that there shall not have been compliance within the time stipulated herein, the Respondent shall be required to show cause why she should not forthwith be punished for contempt of court.”

6. Regrettably, the record of the proceedings herein, does not reveal any happenings in Court, on April 20, 2020. In all probability, the Court did not sit on the said date.

7. The Respondent filed an affidavit on April 26, 2021, in answer to the application.

8. In a nutshell, she said that she had not ascertained how much her daughter, Lilian Akoth Ondoo had paid to the Mount Kenya University, as fees. The said daughter passed away in November 2018.

9. Secondly, the Respondent said that she had not obtained information from the Co-operative Bank, Umoja Branch Nairobi, where her daughter had her account.

10. The Respondent attributed her failure to comply with the Court Orders to;a.The unfortunate death of her daughter; andb.her advanced age and her ill health.

11. She concluded her replying affidavit by asking for more time, in order to enable her ascertain how the proceeds were utilized.

12. In her submissions, the Respondent stated that the proceeds were;“…… expended in paying for the University fees for the late Lilian Ondoo who was a student at Mount Kenya University ………..”

13. Clearly, that statement which counsel made from the bar, is not at all supported by any evidence.

14. I find that the Respondent has not complied with the Order dated November 21, 2016.

15. She doubtlessly knew about the order, and she even asked the Court for more time to enable her provide accounts.

16. In the face of the continued failure to comply with the Orders of the Court, the Respondent is in contempt of the Court.

17. The Respondent is ordered to present herself before this Court on May 30, 2022, for purposes of sentencing.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY 2022FRED A. OCHIENGJUDGE