1.Before Court is an application by the plaintiff dated 10/11/2022. It was brought under section 3A of the Civil Procedure Act, section 5(1) of the Judicature Act, Part 81 of the United Kingdom Civil Procedure Rules 2012 and articles 10 and 159(1) of the Constitution of Kenya.
2.The application sought orders to the effect that the interested party be held to be in contempt of the orders of 15/7/2022 and commit him to civil jail for the period to be directed by this Court.
3.The grounds for the application were set out on the face of it and in the supporting affidavit sworn by Celestin Kagango on 10/11/2022. It was contended that on 15/7/2022, this Court ordered that the interested party do file and tax his bill of costs within 90 days in default of which the Kshs. 1 million held by him be released.
4.That the interested party was served with the said orders and was aware of them. That the orders had not been set aside yet the interested party failed to tax his costs nor release the Kshs. 1 million to the plaintiff as ordered.
5.That the authority, dignity and respect of this Court was being undermined and unless the orders sought were issued, the interested party would continue making a mockery of this Court.
6.The interested party did not respond to the application and the same is unopposed.
7.The applicant canvassed the application vide written submissions dated 17/1/2023.
8.This Court has considered the court proceedings in this matter. It is not in dispute that on 15/7/2022, this Court ordered that: -
9.Annexed to the application was the order dated 21/7/2022. The same was served upon the interested party on 8/8/2022 and he acknowledged receipt by stamping on the order.
10.Following the lapse of the 90day period, the interested party was notified of the default vide letter dated 3/11/2022 which he equally stamped and was requested to release the Kshs. 1 million to the plaintiff as per the Court order.
11.The question therefore is whether, in the circumstances, the interested party is in contempt of the aforesaid court order?
12.Contempt of court is that conduct or action that defies or disrespects authority of court. Black’s Law Dictionary 9th Edition, defines contempt as: -
16.In the present case, there is evidence to show that the interested party was not only served with the order but was also issued with a reminder to comply upon expiry of the timelines given. The terms of the order were clear.
17.The interested party’s decision to ignore compliance with the order was therefore willful having been notified of the terms of the order. The applicant has also demonstrated that the interested party failed to comply with the order despite the reminder and call to action.
18.This Court thus finds that the interested party is in contempt of the said order and the same undermines the integrity of the judicial system.
19.In A.B. & Another v R.B.  eKLR, the Court of Appeal cited with approval the Constitutional Court of South Africa’s decision in Burchell v. Burchell Case No.364 of 2005 where it was held: -
20.The Court having found the interested to be in contempt, the next step is for the Court to determine the punishment to be meted out. The interested party is an advocate of this court.
21.In this regard, having convicted the interested party, Summons hereby issues to him to appear in open court on 15/6/2023 at 11.00am for mitigation and sentencing.It is so ordered.