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ELCAllowedNot stated in the judgment

Japhether Wamalwa Kilui & 8 others v Mathew Munyole Wafula & another [2018] KEELC 3872 (KLR)

High Court of Kenya
28 March 2018
SMS. Mukunya
140 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court ordered the arrest of two men who ignored a 2011 court order, showing courts will enforce compliance.

What this practically means

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Executive summary

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This is a short ruling delivered by S. Mukunya, J at Bungoma on 28 March 2018 in a contempt application brought by way of a Motion under Order 40 rule 3(1) of the Civil Procedure Rules, supported by an affidavit of Japhter Wamalwa Kilui and Johnstone Wanjala Mafuta sworn on 16 November 2017. Mathew Munyole Wafula opposed the application through a replying affidavit. The court reviewed the motion, the supporting affidavit and the replying affidavit, and concluded that the respondent had failed to comply with the orders of the Court issued on 8 March 2011. On that finding, the court directed that a warrant of arrest issue against Mathew Munyole Wafula and Ben Machabe Wafula, requiring them to be brought before the court to show cause why they should not be punished for contempt of court as by law provided. The ruling was delivered in the presence of Mr. Murunga, holding brief for Khakula for the respondent/applicant, with Joy as court assistant; the respondent was absent. No costs order was made and no authorities were cited. The disposition is interlocutory in nature: it issues a show-cause warrant in contempt proceedings rather than finally determining the underlying suit, which arises from orders dating back to 2011.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether Mathew Munyole Wafula has complied with the orders of the Court of 8/3/2011
  2. 2.Whether a warrant of arrest should issue against the respondent and Ben Machabe Wafula to show cause why they should not be punished for contempt

Key legal issues

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01

Whether the respondent was in contempt of the court's orders of 8/3/2011

Holding

The court found non-compliance with the orders of 8/3/2011 and directed that the respondent and another be brought to court by warrant of arrest to show cause why they should not be punished for contempt.

Reasoning

The judge perused the motion filed under Order 40 rule 3(1) of the Civil Procedure Rules, the supporting affidavit of the applicants sworn on 16/11/2017 and the replying affidavit of Mathew Munyole Wafula. On that documentary material, the court was satisfied that the respondent had not complied with the orders of 8/3/2011, warranting the issue of a warrant of arrest to compel attendance to show cause against punishment for contempt.

p. 1

Legal principles established

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  • A party who fails to comply with court orders may be brought before the court to show cause why they should not be punished for contempt, with a warrant of arrest issuing under Order 40 rule 3(1) of the Civil Procedure Rules

Court orders

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  1. 1.That a warrant of arrest should issue against Mathew Munyole Wafula and Ben Machabe Wafula to be brought to court to show cause why they should not be punished for contempt of court as by law provided

The bench

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One judgment of the whole court — no separate or dissenting opinions.

SM
majority

Wrote the judgment

Jurisdiction invoked
Order 40 rule 3(1) of the Civil Procedure Rules (contempt for disobedience of court orders)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I find that he has not complied with the orders of this Court of 8/3/2011.
p. 1Finding of non-compliance with court orders
I do order that a Warrant of Arrest should issue against Mathew Munyole Wafula and Ben Machabe Wafula to be brought to this court to show cause why they should not be punished for contempt of court as by Law provided.
p. 1Final orders - warrant of arrest in contempt proceedings

Issues in the judgment

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minor

The judgment does not state the case number, and the party roles are confusingly stated: counsel is recorded as appearing for 'the respondent/applicant' while the contempt motion was brought against the respondent.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Japhether Wamalwa Kilui & 8 others v Mathew Munyole Wafula & another [2018] KEELC 3872 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3872/eng@2018-03-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.