Republic v Cabinet Secretary for Ministry of Interior and Coordination of National Government & 2 others Ex parte Samira Tariq Qureshi Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamwea
Judgment Date
October 12, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Cabinet Secretary for Ministry of Interior and Coordination of National Government & 2 others Ex parte Samira Tariq Qureshi, highlighting key legal insights and implications.
Case Summary: Republic v Cabinet Secretary for Ministry of Interior and Coordination of National Government & 2 others Ex parte Samira Tariq Qureshi

1. Case Information:
- Name of the Case: Republic v. Cabinet Secretary for Ministry of Interior and Coordination of National Government & Others
- Case Number: Judicial Review Application No. 406 of 2018
- Court: High Court of Kenya at Nairobi
- Date Delivered: 12th October 2020
- Category of Law: Civil
- Judge(s): P. Nyamwea
- Country: Kenya

2. Questions Presented:
The central legal question presented before the court was whether the Director of the Department of Immigration Services (the Second Respondent) had willfully disobeyed the court's orders regarding the consideration of the ex parte Applicant's application for citizenship, and if so, what contempt proceedings should be initiated against the Second Respondent.

3. Facts of the Case:
The ex parte Applicant, Samira Tariq Qureshi, sought to commence contempt of court proceedings against the Second Respondent for failing to comply with a judgment delivered on 7th November 2019. This judgment required the Second Respondent to consider the Applicant's application for citizenship within thirty days. The decree was served on the Second Respondent on 11th November 2019 and on the Attorney General (the Third Respondent) on 2nd March 2020. Despite the clear orders, the Second Respondent allegedly neglected and refused to comply, prompting the Applicant to file the current application supported by an affidavit from her advocate.

4. Procedural History:
Following the judgment in November 2019, the ex parte Applicant sought to initiate contempt proceedings against the Second Respondent in August 2020, citing willful disobedience of the court's orders. The application was filed as a Chamber Summons, and the court had to consider the legal framework applicable to contempt proceedings after the previous Contempt of Court Act was declared unconstitutional. The court's ruling outlined the necessary steps for proceeding with contempt applications under the English Common Law, which is applicable in Kenya due to the repealed statute.

5. Analysis:
- Rules: The court referenced the English Civil Procedure Rules, specifically Rule 81.4, which governs applications for contempt related to breaches of judgments or orders. The court clarified that under the current legal framework, no prior leave is required to initiate contempt proceedings.

- Case Law: The court cited the case of *Christine Wangari Gachege vs. Elizabeth Wanjiru Evans & 11 Others [2014] eKLR*, which established that applications for contempt must detail the grounds for contempt and identify each alleged act of contempt. This precedent supported the court's decision to apply the English Common Law principles to the current case.

- Application: The court concluded that there was no prejudice in allowing the ex parte Applicant to proceed with her application for contempt. The court ordered that the Applicant must serve the Chamber Summons and related documents to the Respondents within thirty days, allowing the matter to be mentioned for further directions.

6. Conclusion:
The court granted the ex parte Applicant's application to initiate contempt proceedings, determining that the Second Respondent had failed to comply with the court's orders. The ruling emphasized the importance of adhering to court orders and established procedural clarity regarding contempt applications following the repeal of the Contempt of Court Act.

7. Dissent:
There were no dissenting opinions recorded in this case, as the ruling was made by a single judge.

8. Summary:
The High Court of Kenya ruled in favor of the ex parte Applicant, allowing her to proceed with contempt of court proceedings against the Director of Immigration Services for failing to comply with a prior court order regarding her citizenship application. This case underscores the enforcement of judicial orders and clarifies the procedural rules governing contempt applications under the English Common Law framework in Kenya.

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