JUDGMENT OF THE COURT
By this appeal the appellants seek to overturn the ruling and order of Ogola, J. made on 29th April 2015 by which he found them guilty of contempt for disobeying the High Court’s order made on 23rd September 2014 directing them to hand over documents, items, books of accounts, materials and keys as well as control of Fig Tree Hotel Limited (the company) of which they are former directors to the 1st to 4th respondents (the respondents) who are its new directors. The learned Judge sentenced them to civil jail for six months with the option of a fine of Kshs. 500,000 each, which they paid but now seek to be refunded should they succeed on this appeal.
The facts as they emerged from the application for the appellants’ committal and their response thereto, are that the appellants were directors of the company until 12th March 2014 when they were removed, for among other things, allegedly stealing some Kshs. 48,817,500 during their tenure as directors involved in the day…