A Machakos County senior official has been ordered to appear before the High Court after a dispute tied to a Ksh 4,052,505.50 award plus costs and interest granted to Koto Housing Kenya Limited remained unresolved within the set timelines.
Justice Rhoda Rutto issued directions requiring Machakos County Secretary Dr Muya Ndambuki to attend proceedings at the High Court in Machakos on June 11, 2026 for mitigation and sentencing after the court found merit in a request to begin contempt proceedings.
The matter stems from an application brought by Koto Housing Kenya Limited, which sought court permission to initiate contempt proceedings after what it described as non-compliance by the County Government of Machakos with a prior court directive issued on May 19, 2025. That earlier decision required the county secretary to give effect to a decree arising from Machakos Chief Magistrate’s Civil Case No. E410 of 2023, which set out payment obligations tied to the dispute.
Under the decree, the County Government of Machakos was required to settle Ksh4,052,505.50, together with Ksh203,037 in costs and interest calculated at 12 per cent per annum until full settlement.
Court filings show the decree dated June 11, 2025 was delivered to the office of the County Secretary on June 18, 2025. The applicant also placed before the court letters dated July 25 and August 28, 2025, which served as reminders requesting compliance with the court order.
Koto Housing Kenya Limited told the court that the amounts remained unpaid and no response was issued to the reminders, leading to the request for enforcement through contempt proceedings.
Koto Housing Kenya Limited argued that continued non-compliance amounted to disregard of a court directive, affected the authority of the court, and interfered with administration of justice.
The company maintained that the order issued on May 19, 2025 had not been challenged, changed, or set aside, and therefore retained legal force. Court records show the contempt application was not challenged by the County Government of Machakos, which did not submit a response or written submissions.
Justice Rutto stated that court orders must be obeyed unless set aside through lawful procedures. “The law is settled that court orders are binding until set aside.
Disobedience of such orders strikes at the heart of the rule of law and the authority of the judiciary. A party cannot choose which orders to obey and which to disregard,” the judge stated.
The judge also noted that the record showed service of the order had been effected and no steps were taken to comply. The court concluded that the materials presented showed the order was served and remained unimplemented without explanation.
Justice Rutto allowed the Notice of Motion dated September 30, 2025 to the extent that it required the personal attendance of the County Secretary. Dr Ndambuki is required to appear before the court on June 11, 2026 for mitigation and sentencing, where the court will determine the next course of action if contempt is established.
Contempt proceedings may attract penalties such as fines or imprisonment where disregard of court directions is proven. The court directed that the County Government of Machakos bear the costs of the application.
