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ELCAllowedNot stated in judgment· [2020] KEELC 309 (KLR)

John Mwaura Kinyanjui & 2 others (As Trustees of Ambuia A Mbari Ya Ngoru Clan Self Help Group) v Jeriemia Gitangu & 2 others [2020] KEELC 309 (KLR)

Environment and Land Court
3 December 2020
LKL. KOMINGOI
1,007 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court fined defendants Kshs.200,000 each for building on land despite an 11-year-old court order banning construction.

What this practically means

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Executive summary

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The plaintiffs/applicants, John Mwaura Kinyanjui, Joseph Gacheru Kariuki and Lucy Njeri Njuguna, brought two applications seeking warrants of arrest against the 1st, 2nd and 3rd defendants for contempt of a ruling delivered by Lady Justice Lesiit on 22nd May 2009, which issued an injunction restraining the defendants from entering, constructing on or disposing of land parcel LR NO Nairobi/Block 126/217 pending the full and final determination of the suit. The second application also referenced a court order dated 15th June 2019 and sought the assistance of the police at Kamulu Police Station to enforce the orders and maintain peace. The applications were unopposed: the defendants did not file responses and their counsel did not attend the hearing on 11th May 2020. Relying on photographic evidence showing buildings at various stages of construction on the suit property, the court found the defendants had acted in blatant breach of the 2009 orders, which had been issued after both sides were heard and had never been varied or set aside. Applying Hadkinson v Hadkinson and Econet Wireless Kenya Ltd, the court held that the defendants, offering no reasonable explanation, had wilfully disobeyed the orders. The court found the 1st and 2nd defendants and the officials of the 3rd defendant guilty of contempt, fined each Kshs.200,000/= payable within thirty days, in default four months' imprisonment, and directed the OCS Kamulu Police Station to enforce the orders and maintain peace. Costs were to be in due cause. The ruling was delivered in Nairobi on 3rd December 2020 by L. Komingoi J.

Key legal issues

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01

Whether the defendants were in contempt of the injunction issued on 22nd May 2009

Holding

The court found the defendants wilfully disobeyed the orders, as construction was ongoing on the suit property despite the unvaried, unvaried injunction and no explanation for non-compliance was offered.

Reasoning

The court noted the orders of 22nd May 2009 were issued after both sides were heard, so the defendants were aware of them. Photographic evidence showed buildings at various stages of construction, some complete, confirming activity on the suit property contrary to the orders. The orders had not been varied or set aside and the defendants offered no reasonable explanation for non-compliance, justifying a finding of wilful disobedience.

p. 2

Legal principles established

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  • Court orders, whether irregular or not, must be obeyed unless varied or set aside
  • It is the plain and unqualified obligation of every person against whom a court order is made to obey it unless and until it is discharged

Court orders

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  1. 1.That the 1st and 2nd defendants and the officials of the 3rd defendant are found guilty of contempt for willfully disobeying the court orders issued on 22nd May 2009
  2. 2.That the 1st and 2nd defendants and the officials of the 3rd defendant are each fined Kshs.200,000/= to be paid within thirty (30) days from the date of this ruling, in default to serve four (4) months imprisonment
  3. 3.That the OCS Kamulu police station does enforce the orders herein and maintain peace in the event the contemnors refuse and neglect to pay the fine

Authorities

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Legislation

  • Civil Procedure Actsections 3 and 3A
  • Civil Procedure RulesOrder 1 rule 14(1)

Cases cited (2)

  • Hadkinson vs Hadkinson
    [1952] ALL ER 567 at 569
  • Econet Wireless Kenya Ltd vs Minister for Information and Communication of Kenya & Another
    [2005] eKLR
Jurisdiction invoked
Inherent jurisdiction under sections 3 and 3A of the Civil Procedure Act to punish contempt of court orders

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, "John Mwaura Kinyanjui & 2 others (As Trustees of Ambuia A Mbari Ya Ngoru Clan Self Help Group) v Jeriemia Gitangu & 2 others [2020] KEELC 309 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/309/eng@2020-12-03

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