EXECUTIVE COMMITTEE KISII COUNTY & 2 ORS
V.
MASOSA CONSTRUCTION COMPANY LIMITED & ANOR

JUDGMENT OF MAKHANDIA, JA

1. On 7^th September 2015, the 1^st respondent moved the High Court by way of Chamber Summons for leave to take out contempt proceedings against the appellants for disobedience of an order of mandamus issued on 10^th December 2014 in Kisii HCC Misc. Application No. 14 of 2013 (JR). Leave was granted and the 1^st respondent filed a Notice of Motion dated 7^th October 2015 seeking orders that the appellants be cited and punished for contempt and or ignoring the terms of the mandamus order issued as aforesaid.

2. The order of mandamus was issued by Wakiaga, J. in the following terms:

There be and is hereby granted an order of judicial review in the nature of mandamus against the respondents herein, compelling the respondents to satisfy the decree of the court made on 23^rd day of March 2010 and to pay to the applicant a sum of Ksh. 8,464,699.05 only being the amount due and outstanding as ordered in Kisii HCCC Misc. App. No. 10 of 2011 with cost to the applicant.

3. Upon …