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Micheal Sistu Mwaura Kamau v. Director of Public Prosecutions, Ethics & Anti-Corruption Commission, Attorney General, Inspector General, National Police Service & Chief Magistrates Court, Milimani

(2018) JELR 99087 (CA)

Court of Appeal  •  Civil Appeal (Application) 102 of 2016  •  17 Aug 2018  •  Kenya

Coram
Mohammed Abdullahi Warsame, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

The applicant, Michael Sistu Mwaura Kamau, seeks an order to cite some nine persons for contempt of court for their alleged deliberate disobedience of the judgment of this Court dated 14th July 2017. The subjects that the applicant seeks to cite are:

i. Noordin Haji;

ii. Archbishop (Rtd.) Dr. Eliud Wabukala,

iii. Sophia Lepuchirit;

iv. Dr. Dadar Abdi Maalim;

v. Paul Mwaniki;

vi. Rose Mghoi Mtambo Macharia;

vii. Halakhe Dida Waqo;

viii. Michael Mubea; and

ix. Joseph Boinnet.

Subject No. (i) is the Director of Public Prosecutions (DPP), No. (ii) is the Chairperson of the Ethics and Anti-Corruption Commission (EACC), Nos. (iii) to (viii) are employees of the EACC, while No. (ix) is the Inspector General of the National Police. The applicant also seeks a further order to summon the said persons to appear before the Court and show cause why they should not be punished for contempt of court.

The background to the application is fairly straightforward. In June 2015, the appellant, a …

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