John Kamau t/a Maragi Electronics & 4 others v Officer in Charge of Station Kamukunji Police Station Affey Mohamed Abdi & 8 others [2019] KEELC 245 (KLR)
The bottom line
#A Kenyan court refused to jail landlords' associates for contempt because the applicants couldn't prove the tribunal's orders were actually served on them.
What this practically means
#Executive summary
#Key legal issues
#Proof of service of the BPRT orders on the Respondents
The Applicants did not prove service or knowledge of the orders, an essential element of contempt
Although the Applicants alleged the Respondents disobeyed the orders made on 21/2/2019 restraining eviction, they did not adduce evidence of service on the 2nd Respondent or on Gikoe Enterprises. The court noted there was no evidence showing the Respondents were served with the court orders and then disobeyed them after being made aware of them. Without this element the contempt application had to fail.
Abuse of court process by the 2nd Respondent
The court found the 2nd Respondent engaged in actions demonstrating abuse of process, but this did not translate into contempt
The court observed that the 2nd Respondent filed Milimani CMCC No. 1178 of 2018 without disclosing to the Chief Magistrate's Court that the BPRT had earlier issued orders restraining eviction, and withdrew that suit after the Applicants obtained stay orders. The court agreed this demonstrated abuse of the court process, yet declined to issue the committal orders sought because service and disobedience were not proved.
Legal principles established
#- Contempt cannot be established without proof of service of, or awareness of, the court order alleged to have been disobeyed
Court orders
#- 1.The court declines to issue the orders sought by the Applicants in the application dated 27/5/2019
- 2.There will be no order as to costs
- Jurisdiction invoked
- Contempt of court jurisdiction in respect of orders of the Business Premises Rent Tribunal (BPRT); Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Kamau t/a Maragi Electronics & 4 others v Officer in Charge of Station Kamukunji Police Station Affey Mohamed Abdi & 8 others [2019] KEELC 245 (KLR)", Case Analysis (2019). Application dated 27/5/2019 in BPRT Case Numbers 172 and 177 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/245/eng@2019-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.