JUDGMENT OF COURT
This is an appeal from an interlocutory order of the superior court (Tanui J) dated 5th October, 2004 wherein the superior court committed four officers of the appellant – National Hospital Insurance Fund Board of Management, namely; Dr. Hassan – Chief Executive; Makone Ombese – Operations Officer; Lucy Rono – Chief Legal Officer and Emily Bwisa – Kisumu Area Manager to 6 months civil jail for contempt of court order dated 27th July, 2004 to pay Kshs.3,580,375/= to the respondent Boya Rural Nursing Home Ltd.
The impugned order was made in a Judicial Review application which was commenced by an application on 5th November, 2003 seeking leave to apply for orders of:
“1... Mandamus compelling the respondent to pay applicant the sum of Kshs.3,580,375.00 for claims payable by the respondent to the applicant for medical services rendered to holders of National Hospital Insurance Fund (NHIF) cards between years 1998 and 2002.
2... Alternatively, an order of mandamus to compel t…