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ELCPartially AllowedEldoret ELC (application dated 5th March, 2018)· [2019] KEELC 2105 (KLR)

Jedrom Building and Civil Engineering Ltd v County Government of Uasin Gishu & another [2019] KEELC 2105 (KLR)

Environment and Land Court
25 July 2019
AOA. Ombwayo
1,201 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court fined a county government KShs 2 million for demolishing a man's buildings despite a court order protecting them.

What this practically means

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Executive summary

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This was a notice of application dated 5th March 2018 by the plaintiff, William Kipkorir Kipkurui, in a suit against the County Government of Uasin Gishu concerning parcel ELDORET MUNICIPALITY BLOCK 10/2052. The plaintiff sought an injunction restraining destruction of and trespass on his property, a finding of contempt against the defendant/1st respondent and the 2nd respondent with appropriate punishment, and an order directing the OCS Kapsoya Police Station to ensure compliance with court orders. The application arose from a demolition on 2nd March 2018 in which garages, a car wash and a hotel on the suit land were destroyed, allegedly by a County Government wheel loader (KBZ 932D), despite an order of 30th June 2014 restraining the defendant from trespassing on or interfering with the plaintiff's occupation. The defendant contended that the County Attorney was never served with the order and denied destroying the buildings. The court found, on the affidavits of eyewitnesses Anthony Lumwachi Memba and Keneth Kimutai Limo, that the destruction was carried out by the County Government with knowledge of the order, and noted that the defendant was a repeat offender, having previously been fined Kshs.500,000 for contempt. Applying authorities on the rule of law and enforcement of court orders, the court fined the 1st defendant/respondent Kshs.2,000,000 for repeated contempt and sentenced the 2nd respondent to three months' imprisonment with an option of a fine of Kshs.300,000. The judgment was delivered at Eldoret on 25th July 2019 by A. Ombwayo, J. No express costs order was made.

Key legal issues

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01

Whether the defendant committed contempt of the order of 30th June 2014

Holding

Yes - the defendant destroyed the structures in contempt, with knowledge of the order, and being a repeat offender

Reasoning

The court reviewed the affidavits of William Kipkorir Kipkurui, Anthony Lumwachi Memba and Keneth Kimutai Limo, who witnessed a County Government wheel loader (KBZ 932D) demolishing garages, a car wash and a hotel on the suit land on 2nd March 2018. The defendant's claim that the County Attorney was not served with the order did not displace the finding of knowledge, given the earlier contempt for which Kshs.500,000 was paid.

p. 2
02

The purpose and power of contempt proceedings

Holding

Courts punish contempt to protect their processes, the rule of law and public confidence in the administration of justice

Reasoning

Relying on Nthabiseng Pheko v Ekurhuleni Metropolitan Municipality and Canadian Metal Co. Ltd v Canadian Broadcasting Corp (No.2), the court held that obedience to court orders is foundational to the rule of law; allowing disobedience would render courts impotent and judicial authority a mockery.

p. 2

Legal principles established

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  • Disobedience of court orders undermines the rule of law and the authority of the courts, and courts have a duty to punish contempt to uphold their dignity and processes

Court orders

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  1. 1.The 1st defendant/respondent to pay a fine of Kshs.2,000,000 for repeatedly being in contempt of court
  2. 2.The 2nd respondent imprisoned for a term of 3 months with an option of a fine of Kshs.300,000

Authorities

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Cases cited (3)

  • Nthabiseng Pheko v Ekurhuleni Metropolitan Municipality & another
    CCT 19/11(75/2015)
  • Canadian Metal Co. Ltd v Canadian Broadcasting Corp (N0.2)
    [1975] 48 D.LR (30)
  • Hon. Martin Nyaga Wambora and Another v Justus Kariuki Mate & Another
    [2014] eKLR
Jurisdiction invoked
Contempt of court jurisdiction over disobedience of orders issued by this court in the pending suit

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, "Jedrom Building and Civil Engineering Ltd v County Government of Uasin Gishu & another [2019] KEELC 2105 (KLR)", Case Analysis (2019). Eldoret ELC (application dated 5th March, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2105/eng@2019-07-25

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