National Bank Of Kenya Ltd v County Council Of Olekejuado & 2 others [2013] KEHC 564 (KLR)

No. 143/2013

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL MISCELLANEOUS (JR) NO. 5 OF 2012

NATIONAL BANK OF KENYA LTD ................................APPLICANT

VERSUS

COUNTY COUNCIL OF OLEKEJUADO..............1^ST RESPONDENT

CONTINENTAL INTERGRATED                                                             

INDUSTRIES LTD..................................................2^ND RESPONDENT

JAMES KAGONIA WARUI ...................................3^RD RESPONDENT

RULING

1. Following my ruling dated 4^th November, 2013, whereby I declined to grant leave to the Ex-parte applicant to institute contempt of court proceedings against the Respondents for failure to serve the Attorney General’s office, the applicant has brought another Notice of Motion dated 18^th November, 2013.
2. In the Motion, the applicant seeks leave to file contempt proceedings against the town clerk (or official serving in equal capacity) of Olkejuado County Council for disobeying the Order of the court dated 18^th September, 2012.
3. In the said application the Ex-parte applicant has demonstrated that he has now complied with the requirement.
4. The application dated 18^th November, 2013 is ideally identical to the one instituted on 25^th October, 2013.  An application for leave to institute contempt proceedings does not seek determination of a suit on merits. The principle of resjudicata would therefore not apply. Evidence having been tendered that the State Law Office received the notice to institute contempt proceedings, I hereby grant leave sought.
5. It is so ordered.

DATED, SIGNED and DELIVERED at MACHAKOS this 9^TH day of DECEMBER, 2013.

L.N. MUTENDE

JUDGE