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Civil Case No. To my mind, the provision is not a standard prescribed form but rather a format which an applicant must adopt in its application and there is absolutely nothing illegal about moving this court by way of Notice of Motion to commence proceedings for contempt of court.

Order 2 3 provides that the applicant must give notice of the application for permission not later than the preceding day to the Crown Office in our situation it would be the Attorney General , this was not done and Mr.

Onyango says it is fatal and therefore makes the leave granted by Anzangalala J to commence contempt proceedings a nullity. I would say that is now water under the bridge, whatever the omissions were, there is an order by a Judge of concurrent jurisdiction and it has not been set aside or appealed against and as far as that goes, it remains a valid order — I am not competent to sit on appeal and make findings about procedural validity of an order granted by fellow judge of concurrent jurisdiction.

In any event respondent should have raised that as a Preliminary Objection — instead they have elected to participate in proceedings they say had an illegal commencement — respondent has acquiesced to that. Whatever the case, this kind of situation was addressed in the case of Isaac J. A party aggrieved by the disobedience of an injunction made under Order XXIX Rule 1 or 2 of the Civil Procedure Rules, appears to be excluded from involving the jurisdiction under section 5 above.

The power donated by section 5 is only exercisable by either the High Court or the Court of Appeal. Subordinate courts have no power to punish for contempt under that section. The applicant moved to court under the Judicature Act, and although the jurisprudence that seems to develop is that contempt before the subordinate courts and the High Court relating to injunction is made under the Civil Procedure Rules, while contempt in all other situations is exclusive to the High Court and Court of Appeal, the applicant herein elected to move the court under the provisions of the Judicature Act.

Having done that then, he was bound to comply with the procedural requirements of the Supreme Court of England Practice Rules. Although the applicant has on the body of the application, cited the provisions of the Supreme Court, there has not been compliance with the format of statement envisaged under Order 52 2 and to that extent the Notice of Motion s defective and as was noted in the case of Zakiuddin Anveral and Another v Rajab Auni and Ano eKLR. This cited case of Zaikuddin addressed the elaborate procedure set out in Order 52 of the Rules of the Supreme Court of England.

But then Mr. Mwavoto has urged this court not to become too encumbered by matters of procedure as to lose focus of substance e- the substance being the disobedience of the court order. Nduna, Senior Resident Magistrate. It is not stated that this order is a forgery and applicant has not shown any other order that set aside this one.

So there was an order restraining respondent from entering, trespassing, encroaching, wasting, destroying, constructing or in any manner whatsoever interfering with the plaintiff. So is there any evidence to demonstrate that applicant is doing any of these anticipated acts? Apparently not — indeed there is not a specific incident on any given date referred to by the applicant.

This is lacking in the present case, so that even on the substantive matters, this application lacks merit and is consequently dismissed with costs to the respondent. Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions. Blog Forum. Tiger by the Tail Darlita. The Jeffersons Charo. Show all Hide all Show by Hide Show Actress 31 credits.

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Self - Judge. Show all 8 episodes. Self - Performer. Show all 19 episodes. Self voice. At present she co-chairs the Academies' committee on emerging science and technology issues, and serves on the organizing committee for the upcoming Third International Summit on Genome Editing. She recently completed service on the World Health Organization's expert advisory committee on global governance of genome editing. She has also recently complerted service on the National Academy of Medicine committee advising the federal government on equitable allocation of the COVID vaccines , and continues on its committee on emerging infectious diseases.

Charo was born in Brooklyn, NY. She is fond of poker, foreign language study, cats, home renovation, Harry Potter books, old movies, roller coasters, salsa music, Jane Austen novels and Star Trek. To the wrongs that need resistance, To the right that needs assistance, To the future in the distance, Give yourselves.

Injustice anywhere is a threat to justice everywhere. Aim above morality. Be not simply good, be good for something. Action indeed is the sole medium of expression for ethics. Always do right -- this will gratify some and astonish the rest. Alta Charo is one of two bioethicists serving as advisers to Colossal, a company which seeks to engineer an elephant that resembles the extinct woolly mammoth. The company aims to use woolly mammoth DNA to make a hybridized Asian elephant that could thrive in Arctic climates.

Alta Charo will serve as the lead co-chair of the 4S safety, security, sustainability and society program for the newly created biotechnology innovation consortium, BioMADE.

She also moderated a workshop panel, "Equitable Allocation for Underserved and Marginlized Populations. Alta Charo was a panelist for the New York Academy of Sciences' meetings on future lunar missions and on bioengineering our bodies and spaceships to adapt for travel to Mars.

The meetings, which Charo helped organize, touched on such things as genetically editing human bodies to resist radiation or plants to thrive in zero-gravity.