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Court summons Machakos County official over Sh4m debt dispute
The order required the county government to pay Koto Housing Kenya Limited Sh4,052,505.50, alongside costs of Sh203,037 and interest.
What you need to know:
- The application was filed by Koto Housing Kenya Limited, which sought leave to institute contempt proceedings.
- Despite the service and reminders, the county government failed to settle the sum or respond to the demands.
The Machakos County Secretary Dr Muya Ndambuki is facing possible punishment for contempt of court after the High Court ordered him to personally appear and explain alleged disobedience of a binding court order.
Justice Rhoda Rutto directed the County Secretary to appear before the High Court in Machakos on June 11, 2026 for mitigation and sentencing after finding merit in an application seeking contempt proceedings against him.
The application was filed by Koto Housing Kenya Limited, which moved to court seeking leave to institute contempt proceedings over failure by the County Government of Machakos to comply with an earlier order issued on May 19, 2025.
In that ruling, the court issued an order compelling the county secretary to honor a decree arising from Machakos Chief Magistrate’s Civil Case No. E410 of 2023.
The order required the county government to pay Koto Housing Kenya Limited Sh4,052,505.50, alongside costs of Sh203,037 and interest at a rate of 12 per cent per annum until full settlement.
According to documents filed in court, the decree dated June 11, 2025 was duly served upon the office of the County Secretary on June 18, 2025.
The applicant further stated that follow-up reminders were issued through letters dated July 25 and August 28, 2025, urging compliance with the court order.
Despite the service and reminders, the county government failed to settle the sum or respond to the demands, prompting the company to seek enforcement through contempt proceedings.
Refusal to honour court order
Koto Housing Kenya Limited argued that the continued refusal to honour the court order amounted to blatant disobedience, undermined the authority of the court, and obstructed the administration of justice.
The company maintained that the order of May 19, 2025 had neither been challenged, varied nor set aside, and therefore remained valid and binding on the respondent.
Notably, the application for contempt was not opposed. The County Government of Machakos did not file any response or submissions to challenge the claims, leaving the court to determine the matter based on the applicant’s pleadings and evidence.
In her ruling, Justice Rutto emphasised that court orders are binding and must be obeyed unless set aside through proper legal channels.
“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.
She further noted that the respondent’s silence and failure to act, despite proper service of the order, amounted to willful disobedience.
The court found that the applicant had demonstrated that the order had been properly served and that the respondent had failed to comply without justification.
Consequently, Justice Rutto allowed the Notice of Motion dated September 30, 2025 in terms of the prayer seeking the personal attendance of the County Secretary.
Dr Ndambuki is now required to appear before the court on June 11, 2026 for mitigation and sentencing, where the court will determine the appropriate punishment if he is found guilty of contempt.
Contempt of court offences may attract penalties including fines or imprisonment, particularly where public officials are found to have deliberately ignored court directives.
The court also ordered that the costs of the application be borne by the County Government of Machakos, adding to the financial implications facing the county.
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