Justice Josephine Wayua Mongare of the High Court in Nairobi found advocate Omondi Patrick Churchill Midwa in contempt for not complying with orders to account for and release proceeds from the sale of House No. 3, Block 35/195, on behalf of client Mridula Bhadresh Patel.
The court had previously directed Midwa on 12 November 2025 to provide a full accounting of the funds received and to return the money held by his firm, warning that execution could be taken if he failed to comply.
A notice to show cause was issued on 24 November 2025, requiring the lawyer to explain why he should not be punished for disobeying the court’s directives.
Patel testified that Midwa had acknowledged receipt of the client’s money, except for a small disputed portion, and had offered no credible explanation for withholding the funds or proposing an alternative settlement.
Midwa contested the notice, arguing it was unlawful because no formal application supported it and that enforcement was premature since the underlying case had not reached a final judgment.
Justice Mongare rejected those arguments, citing inherent powers under the Civil Procedure Act and the Judicature Act to enforce interim orders, and emphasized that parties must obey court directions rather than disregard them.
The judge noted that the order had been served at Midwa’s office on 14 November 2025 and acknowledged by his clerk, and that it contained a penal notice warning of consequences for non‑compliance.
Finding that Midwa neither released the money nor provided the required account, the court held him guilty of contempt but deferred immediate sentencing, giving him a chance to purge the contempt by complying with the orders.
Compliance will be assessed at a mention scheduled for 31 July 2026, when the court will determine any further action.
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