Salim Abdalla Bakhshuwein (Suing in his Capacity as the Administrators of the Estate of the Late Abdalla Bakhshuwein [2020] KEELC 3691 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether contempt was proved against the Defendants
The contempt application failed because the applicant did not establish the orders allegedly disobeyed, their date, their tenor, or their service upon and knowledge by the alleged contemnors
The applicant's affidavit asserted orders issued on 9th July 2015, but annexture 'A' showed the orders were granted on 15th July 2015. The formal order extracted did not contain the prohibitions the applicant claimed. The process server's affidavit did not clearly show what was served, whom he served, or how he identified them. Given the quasi-criminal nature of contempt, the applicant failed to discharge the burden of proof.
Standard of proof in contempt proceedings
Because contempt proceedings are quasi-criminal and liberty is at stake, the alleged contempt must be satisfactorily proved
The court restated the settled principle that committal proceedings engage personal liberty and therefore require satisfactory proof of both the order and its breach, including service and knowledge by the alleged contemnor. Applying that principle, the evidential gaps in the applicant's material meant no committal orders could issue.
Legal principles established
#- Contempt proceedings are quasi-criminal in nature and the alleged contempt must be satisfactorily proved because a person's liberty is at stake
Court orders
#- 1.The application dated 1st December 2015 is dismissed with costs to the Respondents
- Jurisdiction invoked
- Inherent contempt jurisdiction of the High Court/Environment and Land Court (contempt proceedings seeking committal to civil jail); no specific statutory provision stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salim Abdalla Bakhshuwein (Suing in his Capacity as the Administrators of the Estate of the Late Abdalla Bakhshuwein [2020] KEELC 3691 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3691/eng@2020-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.