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ELCOtherELC Case No. 300 of 2015· [2018] KEELC 973 (KLR)

Samuel Chege Kamunge (suing as the personal representative of the Estate of Ruth Wanjiru Kamunge (Deceased) v Josphat Chege Muguru t/a Josgemu Surveyors Enterprises & 8 others [2018] KEELC 973 (KLR)

Environment and Land Court
3 October 2018
DOD. O. Ohungo
1,041 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court fined a process server Kshs 20,000 for pretending to be an advocate, confirming that impersonating a lawyer is contempt of court.

What this practically means

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Executive summary

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During the hearing of ELC Case No. 300 of 2015, one Kamau Nyoro Isaac introduced himself as Mr. Kamau, counsel for the 3rd, 4th and 5th defendants, although those defendants had filed no defence or compliance documents. He first indicated readiness to proceed, then sought an adjournment without reasons. Mr. Opar, speaking as an officer of the court and of the local bar, raised doubts about the man's practice status. Questioned by the court, Kamau initially insisted he held a practising certificate, then admitted he was not an advocate but a process server working for G. M. Njuguna & Company Advocates in Naivasha. Counsel for the plaintiff, 2nd and 6th defendants urged the court to take action. The court reasoned that holding oneself out as an advocate without being on the Roll threatens the dignity of proceedings and exposes litigants to incompetent representation. Applying the definition of an advocate in Section 2 of the Advocates Act and Section 4(2) of the Contempt of Court Act, 2016, and adopting Lord Denning M.R.'s explanation in Balogh v. St Albans Crown Court of contempt in the face of the court, the judge found the conduct wilfully interfered with the administration of justice. Pursuant to Sections 5 and 27(k) of the Contempt of Court Act, the court convicted Kamau Nyoro Isaac of contempt in the face of the court, fined him Twenty Thousand Shillings with one month imprisonment in default, and directed the Deputy Registrar to forward the ruling to the Process Servers Committee for any appropriate action.

Key legal issues

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01

Whether an unqualified person addressing the court as an advocate commits contempt in the face of the court

Holding

Yes - the contemnor was convicted under Section 27(k) of the Contempt of Court Act, 2016 and fined Kshs 20,000 with one month imprisonment in default

Reasoning

By his own admission the contemnor was a process server, not an advocate, and not on the Roll. He deliberately misrepresented that he had a practising certificate and capacity to appear for the 3rd, 4th and 5th defendants, then misled the court further when questioned. His conduct disrupted the court's business and wilfully interfered with, obstructed and interrupted the administration of justice, attracting summary punishment under Section 5 of the Contempt of Court Act, 2016.

p. 2
02

The scope of contempt in the face of the court

Holding

Adopting Lord Denning M.R.'s definition, it extends to all contempt the court can punish of its own motion, i.e. contempt in the cognisance of the court, not only conduct the judge personally witnessed

Reasoning

The court relied on Balogh v St Albans Crown Court, where Lord Denning M.R. explained that the phrase was never confined to conduct a judge saw with his own eyes but covered all contempts for which a judge could punish a man on the spot. This grounded the court's summary jurisdiction over conduct occurring in its own proceedings.

p. 2

Legal principles established

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  • To practise as an advocate one must be duly entered on the Roll of Advocates as defined in Section 2 of the Advocates Act
  • Deliberately misrepresenting to a court that one is an advocate, and thereby wilfully interfering with the due process of administration of justice, constitutes contempt in the face of the court
  • Contempt in the face of the court means contempt which the court can punish of its own motion

Court orders

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  1. 1.Kamau Nyoro Isaac found guilty of contempt in the face of the court contrary to Section 27(k) of the Contempt of Court Act, 2016 and convicted
  2. 2.Sentenced to pay a fine of Twenty Thousand Shillings, in default imprisonment for a term of one month
  3. 3.The Deputy Registrar to forward a copy of the ruling to the Process Servers Committee for appropriate action against Kamau Nyoro Isaac

Authorities

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Legislation

  • Advocates ActSection 2
  • Contempt of Court Act, 2016Section 4(2)
  • Contempt of Court Act, 2016Section 5
  • Contempt of Court Act, 2016Section 27(k)
  • Civil Procedure Rulescompliance documents requirement

Cases cited (1)

  • Balogh v. St Albans Crown Court
    [1975] 1QB 73
Jurisdiction invoked
Section 5 of the Contempt of Court Act, 2016

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samuel Chege Kamunge (suing as the personal representative of the Estate of Ruth Wanjiru Kamunge (Deceased) v Josphat Chege Muguru t/a Josgemu Surveyors Enterprises & 8 others [2018] KEELC 973 (KLR)", Case Analysis (2018). ELC Case No. 300 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/973/eng@2018-10-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.