1.The application before this court is the notice of motion application dated December 7, 2018 seeking the following orders;a.That an order of committal to prison do issue against the respondents, namely, the county secretary, Nairobi city county and the treasurer, Nairobi city county for six months or such period as this honourable court may deem fit and just for disobeying the decree herein dated February 14, 2017 as well as the consent order dated September 13, 2018.
2.The brief background to the application is that the applicant is a holder of a valid decree against the Nairobi county government. Efforts to obtain payment bore no fruit necessitating an application for an order of mandamus against the respondents herein to compel them to settle the decretal. The application was allowed by Odunga J (as he then was) on February 14, 2017. Many days later and after many summons to attend court served on the respondents to show cause, the parties appeared before court on September 13, 2018 and a consent was entered in the following terms;a.A payment of Ksh 5000, 000 was to be made by way of RTGS on the same day.b.Ksh 15,000000 was to be paid on or before October 15, 2018.c.The matter be mentioned on October 15, 2018 when the respondents would provide a schedule for the payment of the balance of the decretal sum.
3.The consent was not honoured and the applicant approached the court vide this application. What followed is a litany of applications between the county government and its lawyers over representation with numerous change of advocates effected. In the ensuing cacophony, this application was ignored and it elicited no response from the respondents.
4.The applicant’s case is that the respondents have ignored the orders of court dated February 14, 2017 as well as the follow up court orders resting with the consent order of September 13, 2018. It is urged that the long suffering applicant has no other means of enforcing the decree herein.
5.The facts as laid out by the applicant are readily borne out of the record. There are valid orders of court which are within the knowledge of the respondents which have been disobeyed.
6.The need to obey court orders cannot be gainsaid. The obligation of every person to obey court orders was summed up in the case of Hadkinson v Hadkinson (1952) 2 ALL ER56 as follows;
7.It is trite that if the courts failed to make sure that court orders were followed, the rule of law would be seriously jeopardized. Without enforcement of court orders through the imposition of penalties for contempt of court, court orders would remain mere rhetoric, not worth the paper they are printed on. In my opinion, a judge who fails to impose sanctions on individuals who disregard his orders is unfit to preside over the next trial. After all, of what use are judicial processes if the results are in vain? The words of the court in Trusted Society of Human Rights Alliance v Cabinet Secretary for Devolution and Planning and 3 others  eKLR ring true. The court stated;
11.In the present suit, am persuaded that the applicant has proved all the ingredients necessary to establish that the respondents are in contempt of court. Both are found guilty of contempt of the court orders decreeing payment of the sums due as per the decree herein. I make the following orders;1.The respondents to purge the contempt within 14 days and report to court.2.In default of order 1 above, the respondents to appear in court on March 8, 2023 for sentencing.3.In default of such appearance, warrants of arrest to issue.4.Mention on March 8, 2023 for further orders as may be appropriate.