JASON NYABUTO KEMBERO V. SIRAJ SHEIKH MUSDAF

RULING

The applicant, JASON NYABUTO KEMBERO, has applied under Rule 115 of the Court of Appeal rules for relief from fees and security to enable him appeal the ruling and order of the High Court dated 6th June, 2011, in Miscellaneous Civil Application No. 163 of 2011. By the order sought to be appealed, Mwera, J [as he then was] dismissed the applicant’s application for committal of the respondent to jail for alleged contempt of court.

The background to this application is a tenancy relationship, between the applicant and the respondent, gone sour. Sometime in 2010 the applicant filed Business Premises Rent Tribunal Case No. 750 of 2010 against the

respondent and on 16th February, 2011, obtained an order from the tribunal that read:

“ T he landlord (respondent) is ordered to return the tenant’s goods immediately to enable him to vacate the premises.”

Subsequently, a member of the tribunal, Mr S. P. Oyuga visited the premises, the subject of the case, and discovered that the premises were i…