Odhiambo v Mfangano Division Acc & 2 others (Judicial Review 1 of 2022) [2025] KEELC 2951 (KLR)
The bottom line
#A Kenyan court ruled you cannot reopen a contempt case already decided — pay the awarded compensation with interest or face civil jail.
What this practically means
#Executive summary
#Key legal issues
#Res judicata of a contempt application already determined by a previous ruling
The application dated 29th April 2019 had been fully determined by the ruling of Ongondo J on 25th July 2023, which found the Interested Party liable for contempt, ordered compensation of KShs 271,000/= and awarded costs; that ruling had never been set aside and the matter could not be re-opened.
The court traced the record: the ruling of 25th July 2023 found the application merited, issued a notice to show cause, ordered compensation of KShs 271,000/= per the Kenya Forest Service assessment report dated 25th March 2019, and awarded costs. Since that ruling stood undisturbed, no further hearing of the same motion was possible; only execution of the orders remained.
Proper procedure for an advocate coming on record for a party already represented
The Interested Party's new counsel, having filed a Notice of Appointment of Advocates instead of a Notice of Change of Advocates under Order 9 Rule 5, was not properly on record, and documents filed through him (the submissions dated 24th October 2024) were struck out.
The court noted the Interested Party had an advocate before the change. Order 9 Rule 5 of the Civil Procedure Rules requires a Notice of Change of Advocates filed and served on all parties. Filing a fresh Notice of Appointment was irregular and unprocedural, and documents filed by such counsel could not stand on the record.
Enforcement of contempt orders after prolonged non-compliance
The contemnor, having failed to comply with the notice to show cause for about four and a half years, is to appear personally on 2nd April 2025 for mitigation and sentencing, and to pay the compensation with interest, failing which he is to be committed to civil jail.
The court observed repeated indulgence of the contemnor through multiple notices to show cause (February to June 2024) despite service, and subsequent procedural manoeuvres, concluding he was bent on continuous disobedience. Since the conviction ruling of 25th July 2023 had never been set aside, its orders had to be given effect forthwith.
Legal principles established
#- Once an application has been fully determined and a ruling issued, the matter is res judicata and the same court cannot revisit or vary its own decision in the same application
- A new advocate must file and serve a Notice of Change of Advocates under Order 9 Rule 5 to be properly on record for a party who already has an advocate
- Unexecuted orders of a court that have not been set aside must be given effect despite prolonged non-compliance
Court orders
#- 1.The submissions dated 24th October 2024 filed by counsel not properly on record are struck out of the record
- 2.The orders of the ruling of 25th July 2023, never set aside, are to be given effect forthwith
- 3.The contemnor is directed to present himself in person voluntarily before the court on 2nd April 2025 at 8:45 AM for mitigation and sentencing over his conviction for contempt of court
- 4.He is also to confirm that he shall have compensated the Applicant the sum of Kenya Shillings 271,000/= together with interest at court rates (12%) per annum from the date the learned judge found him liable, in default of which he be committed to civil jail forthwith
- Jurisdiction invoked
- Order 53 Rule 1(4) as read with Order 40 Rule 3 and Order 51 Rule 1 of the Civil Procedure Rules and Sections 1A and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odhiambo v Mfangano Division Acc & 2 others (Judicial Review 1 of 2022) [2025] KEELC 2951 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2951/eng@2025-03-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.