RULING
A. Introduction
1.The Petition of Appeal dated 28th April 2020 and filed on 30th April 2020 arises from a Judgment of the Court of Appeal at Kisumu (Makhandia, Kiage & Otieno-Odek, JJA) which upheld the decision of the High Court at Kisii (Karanja J.) delivered on 5th April 2016 in Misc. Application No. 72 of 2015(JR). The High Court had cited the Appellants herein for contempt of Court for failure to comply with an order of mandamus issued by the Court on 10th December 2014 in Misc. Application No. 14 of 2013(JR).
B. Background
2.On 8th August 2000, the Municipal Council of Kisii (now defunct) and the 1st Respondent herein (Masosa Construction Limited) entered into a contractual works agreement, the terms of which the 1st Respondent was contracted to widen and gravel specific roads within Kisii Municipality. Upon execution of the contract, the 1st Respondent commenced the contractual works and performed its obligations until completion. Subsequently, the Municipal Council of Kisii…