JUDGMENT OF THE COURT
1. This is a first appeal against the order of the High Court (by J. B. Ojwang J, as he then was) made on 3rd June 2005 in Civil Suit No.1169 of 1998 in which the learned Judge while hearing an application cited the appellant for contempt in the face of the Court. The learned Judge made the following orders in the presence of counsel who included Mr. Ombete, for the applicant, and Mr. Hira, for the respondent –
“COURT: Hearing cannot start: Mr. Hira has started with an altercation. Hearing therefore cannot take place. Mr. Hira cannot allow the Judge to speak; he wants to take over the proceedings of the Court. I hold this to be contempt, which Mr. Hira must purge.
“Order: 1. This matter is adjourned.
2. On Monday 13th June 2005, Mr. Hira shall appear before me at 9.00 a.m. to purge this contempt. Thereafter directions will be given.”
3. This matter be listed before me on Monday 13th June 2005 at 9.00 a.m.
4. Applicant has leave to file supplementary affidavit
J. B. O…