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ELCPartially AllowedNot stated in the judgment extract (suit concerning land parcel LR No. 396/39, Naivasha)· [2019] KEELC 1489 (KLR)

Jackson Kariuki Kahungura & another v John Karanja Kihagi & 4 others;Karagita Landing Beach Self Help Group(Interested Parties) [2019] KEELC 1489 (KLR)

Environment and Land Court

30 September 2019

MSMunyao Sila

2,301 words in judgment

View original judgment Read on Kenya Law Watch case

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The bottom line

What this practically means

Executive summary

This is a contempt-of-court application dated 19 June 2019 by the plaintiffs, owners of land parcel LR No. 396/39 in Naivasha, off Moi South Lake Road. The plaintiffs had obtained judgment on 25 April 2018 declaring that there was no public access corridor on their land, granting a permanent injunction, and awarding damages against the 2nd defendant (Robinson Kuto) of Kshs.8,037,309.88 plus Kshs.500,000 general damages for trespass. The present application sought committal of Robinson Kuto, David Oduor Kilo, Joseph Kamau Thuo and Samson Mwangi to jail for six months for disobeying that judgment, or in the alternative attachment of their properties. The respondents denied contempt, with the 2nd to 4th respondents claiming they had been voted out of office of the Karagita Landing Beach Self Help Group, and the 1st respondent claiming he had moved to Kihoto Beach. The court rejected these claims: minutes of 11 May 2018 and the Court of Appeal stay application confirmed they remained officials and representatives of the group, the 3rd respondent having filed no signed affidavit at all, and the 1st respondent's own affidavit before the Court of Appeal showed continued reliance on the road as their source of livelihood. The court found all four respondents guilty of contempt, deferred sentencing to allow mitigation, and ordered the respondents to bear the costs of the application.

Key legal issues

Contempt of court by disobeying a judgment

Holding

All four respondents were found guilty of contempt for continued use of the suit land as an access road contrary to the judgment of 25 April 2018

Reasoning

The court found the respondents knew of the judgment as they filed Notices of Appeal and sought stay. The 2nd to 4th respondents lied on oath about having been voted out of office, contradicted by minutes of 11 May 2018 and the Court of Appeal stay application describing them as representatives. The 1st respondent's claim to have moved to Kihoto Beach was contradicted by his own affidavit before the Court of Appeal asserting continued need for the road as their source of livelihood.

p. 2

Credibility of respondents' depositions

Holding

The 2nd and 4th respondents lied on oath about their status as officials of the interested party, and their other depositions were disbelieved

Reasoning

The minutes of the meeting of 11 May 2018 showed David Kilo as Chairman, Joseph Kamau as Vice Chairman and Samson Mwangi as Secretary, after delivery of the judgment. The Court of Appeal ruling on stay also recorded the four respondents as representatives of the group. No minutes of removal from office were produced.

Legal principles established

Everyone is under the law and must respect court pronouncements; no one is above the law
Officials of a group enjoined as interested parties bear responsibility for ensuring members abide by the court's judgment
An unsigned affidavit is of no evidential value

Court orders

1.Finding that all four respondents are guilty of contempt of court for disobeying the judgment of 25 April 2018
2.The applicants to appear on a date to be given so the respondents can mitigate before sentencing
3.The respondents to bear the costs of the application

Jurisdiction invoked: Inherent contempt jurisdiction of the High Court/Environment and Land Court to enforce compliance with its own judgment and orders of 25 April 2018

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Jackson Kariuki Kahungura & another v John Karanja Kihagi & 4 others;Karagita Landing Beach Self Help Group(Interested Parties) [2019] KEELC 1489 (KLR)", Case Analysis (2019). Not stated in the judgment extract (suit concerning land parcel LR No. 396/39, Naivasha). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1489/eng@2019-09-30

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