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Executive Committee - Kisii County, Governor - Kisii County & County Government of Kisii v. Masosa Construction Company Ltd & Transition Authority

(2016) JELR 103985 (CA)

Court of Appeal  •  Civil Application 27 of 2016 (UR No. 13/2016)  •  29 Jul 2016  •  Kenya

Philomena Mbete Mwilu, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. In their application dated 8th April 2016 presented to this Court under Rule 5(2)(b) of the Rules of the Court, the applicants seek an order to stay execution of a ruling and order of the High Court of Kenya at Kisii (J. R. Karanja, J.) delivered on 5th April 2016 in Miscellaneous Civil Application No. 72 of 2015. In that ruling, the High Court allowed an application by the respondent under Section 5 of the Judicature Act by which the respondent applied to have the applicants cited and punished for contempt of court for failing to make payment to the respondent in terms of an order of the court issued on 10th December 2014 in Kisii Misc. Application No. 14 of 2013.

2. Allowing that application, the High Court ordered that the applicants “are hereby cited for contempt of court and are given a period of seven (7) days from this date hereof (sic) to expunge the contempt and in default a warrant for the arrest of 2nd [applicant] as the chief executive officer of the f…

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