ROSE DETHO V. RATILAL AUTOMOBILES LTD, GEMINI TAILOR, PRAMUKH ENTERPRIES LTD, CHARTERHOUSE BANK LTD, SANJAY SHAH AND THE ATTORNEY GENERAL

RULING OF TUNOI, J.A.

1. The pending application is for stay of execution of the orders of Gacheche J dated 24^th November, 2006 which found the applicant guilty of contempt of court and ordered her to obey the said orders by re-opening the Bank (the 5^th respondent) – or face 6 months imprisonment.

2. On 24^th November, 2006 the High court of Kenya at Eldoret (Gacheche, J) found the applicant, ROSE DETHO, the Statutory Manager of the 5^th respondent, CHARTERHOUSE BANK LIMITED, to have acted in contempt of court by disobeying the orders of that court made on 15^th September, 2006 and ordered:-

“that she (the applicant) regularizes her position within the next thirty six hours otherwise she stands to suffer imprisonment for six months.”

3. However, it is common ground that the applicant has not obeyed the orders of the said superior court nor has she in any manner whatsoever purged the contempt mainly on the grounds which she advanced; firstly, that the learned Judge had made a fundamental erro…