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ELCDismissedChamber Summons Application dated 2nd April, 2019· [2021] KEELC 1893 (KLR)

Gujral Sandeep Singh Raghbir v Minister for Public Works, Road & Transport,County Government of Kajiado & another [2021] KEELC 1893 (KLR)

Environment and Land Court
28 September 2021
COChristine Ochieng
877 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court refused to jail officials for defying a land judgment because the applicant provided no solid proof of who did what and when.

What this practically means

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Executive summary

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The Applicant, Gujral Sandeep Singh Raghbir, brought a Chamber Summons dated 2nd April 2019 under Section 5(1) of the Judicature Act, Order 52 Rule 2(2) of the Rule of Supreme Court of England 1965 and Section 3A of the Civil Procedure Act, seeking committal to civil jail of four persons: Alex Leshinka Kilowua (County Minister for Public Works, Road and Transport, Kajiado), Paul Kipamet Mutuyia (MCA, Kitengela Ward), Eng. Johnson Opoyi (Kajiado County Engineer) and Silas Senteru (Contractor), for allegedly disobeying a judgment and decree of 23rd January 2018 which permanently restrained interference with structures on title Noonkopir Trading Centre/195. The Respondents, through a replying affidavit sworn by County Secretary Francis Sakuda, opposed the application as frivolous, vexatious and an abuse of process, asserting the claims were unsupported by evidence and founded on non-existent legal provisions. Neither party filed submissions. The court framed a single issue: whether the four named persons should be committed for disobeying the decree. Relying on Section 63(c) of the Civil Procedure Act and Section 109 of the Evidence Act, the court held the Applicant failed to show when the alleged acts occurred or that the named persons committed them. It further held that the standard of proof in contempt is higher than the balance of probabilities, almost beyond reasonable doubt, citing Africa Management Communication International Limited v Joseph Mathenge Mugo (2013) eKLR, and that alleged contemnors must first be given an opportunity to be heard. The application was disallowed with costs in the cause.

Key legal issues

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Whether the alleged contemnors should be committed to civil jail for disobeying the judgment/decree of 23rd January, 2018

Holding

The application for committal was dismissed because the Applicant failed to prove the alleged acts of contempt against the four named persons

Reasoning

The court relied on Section 63(c) of the Civil Procedure Act permitting committal upon disobedience of injunction and Section 109 of the Evidence Act placing the burden of proof on the party alleging a fact. The Applicant neither indicated when the alleged acts were committed nor provided proof that the named persons committed them. The court further held that the standard of proof in contempt is higher than balance of probabilities, almost beyond reasonable doubt, citing Africa Management Communication International Limited v Joseph Mathenge Mugo, and that the alleged contemnors deserved a hearing before committal.

p. 2

Legal principles established

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  • The standard of proof in contempt proceedings is higher than the balance of probabilities and almost beyond reasonable doubt
  • Alleged contemnors must be given an opportunity to be heard before an order of committal is made

Court orders

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  1. 1.The Chamber Summons Application dated the 2nd April, 2019 is disallowed for lack of merit
  2. 2.Costs in the cause

Authorities

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Legislation

  • Judicature ActSection 5(1)
  • Rule of Supreme Court of England 1965Order 52 Rule 2(2)
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 63(c)
  • Evidence ActSection 109

Cases cited (1)

  • Africa Management Communication International Limited Vs Joseph Mathenge Mugo & Anor
    (2013) eKLR
Jurisdiction invoked
Section 5(1) of the Judicature Act, Order 52 Rule 2(2) of the Rule of Supreme Court of England 1965 and Section 3A of the Civil Procedure Act

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, "Gujral Sandeep Singh Raghbir v Minister for Public Works, Road & Transport,County Government of Kajiado & another [2021] KEELC 1893 (KLR)", Case Analysis (2021). Chamber Summons Application dated 2nd April, 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1893/eng@2021-09-28

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