High Court Judge John Oniego ordered Garissa County Government officials to pay the law firm Sh9,178,565.88 plus interest for 30 days.
According to a court ruling dated May 3, the official is accused of failing to comply with a court ruling issued in 2020 that led to the current lawsuit.
The official (defendant) was required to pay the original party (applicant) an amount including 12% annual interest, but only paid Sh1.1 million by June 2022.
“By virtue of the Consent Agreement signed between the parties on March 17, 2022, Defendant provides for four reductions between February 5 and June 2022, as provided on the face of the Agreement. We promised to pay in equal installments” 2022. “As a condition to honoring that agreement, the applicant agreed to waive any accrued interest,” the court document reads in part.
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According to court documents, the petitioner had asked for the defendant's arrest and six-month jail term on charges of contempt and defiance of a court order.
In addition, the petitioner wished the court to order the respondent to pay the costs of the suit and to make such other orders as it deems appropriate.
Justice Oniego explained that the documents showed that the defendant was making no effort to comply with the court's orders and that action was necessary to protect the dignity and authority of the court.
“It is confirmed that the defendant has continued to disobey and defy the court order since it was served on April 17, 2020, and has shown no remorse for his defiance. , this court was asked to hold the defendant in contempt,'' the judge said.
He added that the defendant did not attend the hearing of the application despite being served.
Even though the Contempt of Courts Act was declared unconstitutional in 2018, Justice Oniego said that the High Court must comply with the law prior to its enactment in order to uphold the rule of law and leave no gaps in the application of the rule of law. added that it applies.
Therefore, a judge found county officials in contempt of court and ordered them to comply with orders issued in 2020 within 30 days of facing undisclosed consequences.
The judge further noted that the matter will be mentioned when the officials appear in court on June 4, 2024, to ensure compliance with the order.
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