1.This ruling is in respect to a Notice of Motion application filed by the Plaintiff on June 14, 2023.The application was accompanied by a supporting affidavit sworn by Kasyoka Mwanzia. The Application sought the following orders:
2.The Application was premised interalia on the grounds that the Respondents had deliberately failed to comply with the orders issued by this court on February 27, 2023.
3.Pursuant to the directions issued by this court on June 20, 2023, it was directed that the application be canvassed by way of written submissions. The Plaintiff was granted 14 days to file its submissions and the Defendants were granted 14 days to equally file their written submissions. At the time of writing the ruling neither parties had filed submissions, therefore, the Court will proceed to make its determination on the evidence placed before it.
4.I have considered the application, supporting affidavit and the evidence filed. In my view, the issue that arises for determination is whether this court should proceed to cite the Defendants for contempt of its orders issued on February 27, 2023.
5.Contempt of court has been defined as conduct which interferes with the administration of justice or impedes or perverts the course of justice. In specific, civil contempt consists of a failure to comply with a judgment or order of a court or breach of an undertaking of court. (See Osborne’s Concise Law Dictionary). In the case of Sam Nyamweya & Others v Kenya Premier League Ltd and Others  eKLR it was stated as follows:
7.In this instance, the Plaintiff averred that the Respondents have at all times known of the orders issued against them. Paragraph 4, 5 and 6 of the supporting affidavit states:
8.Perusal of the court proceedings confirm that counsel for the Respondents attended court on 27th February 2023 when the interim injunction orders were issued. It is therefore evident that the Respondents had sight and knowledge of the orders issued by the court and no explanation has been given as to the said noncompliance. With regard to knowledge of court orders vis a vie personal service, I wish to refer to the case of Shimmers Plaza Limited v National Bank of Kenya Limited  eKLR, the learned Judges held;
10.Consequently, the Plaintiff’s application dated June 14, 2023 is hereby determined as follows:
i.Summons are hereby issued against the 1st, 2nd and 3rd Defendants/Respondents to appear before court either physically or virtually to show cause why they should not be committed to civil jail.ii.Each party to bear own costs of the application.It is so ordered.