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ELCAllowedNot stated in the judgment as provided· [2021] KEELC 3887 (KLR)

Sigona Jua Kali Association v County Governmnet Of Kiambu & 8 others [2021] KEELC 3887 (KLR)

Environment and Land Court
11 March 2021
LGL. Gacheru
2,462 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed you don't need court permission to start contempt proceedings when someone disobeys a judgment, and halted construction on cancelled land titles.

What this practically means

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Executive summary

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The Plaintiff/Applicant, through a Notice of Motion dated 26th February 2020, sought leave to institute contempt proceedings against the Land Registrar, Kiambu, for failure to comply with orders in the judgment delivered on 2nd May 2019, and sought orders that the OCS Kikuyu Police Station evict occupants of, and prevent construction on, cancelled titles. The application was supported by an affidavit of John Kamau Ndere, who detailed the Registrar's refusal to implement orders concerning green cards for titles 832 and 934 despite cancellation of titles 935 to 965. The 5th Defendant opposed, noting pending stay applications before the Court of Appeal and warning that eviction would render her family destitute and the appeal nugatory. In a ruling by L. Gacheru J, the court applied section 5 of the Judicature Act and followed the Court of Appeal decision in Christine Wangari Chege, holding that leave is not required for contempt proceedings founded on breach of a judgment. The court nevertheless allowed the prayer for leave, finding it merited. On entitlement, the court reaffirmed that the suit properties were Government Land ordered to revert to the State, found that no stay order had actually been granted despite pending applications, and held that there should be no dealings with or construction on the cancelled titles. The application was allowed entirely with costs to the Applicants. The ruling was delivered virtually pursuant to COVID-19 directives with the parties' consent.

Key legal issues

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01

Whether leave is required before instituting contempt proceedings for breach of a court judgment

Holding

The court held that although leave was sought, it was not necessary because the contempt relates to a breach of a judgment of the court; nevertheless the prayer for leave was allowed.

Reasoning

The court noted that the Act governing contempt proceedings in Kenya was declared unconstitutional, reverting the court to section 5 of the Judicature Act. Following the Court of Appeal's decision in Christine Wangari Chege, which it was bound by, the court held that English procedure (Order 52 RSC) does not require leave where committal proceedings relate to breach of a judgment or order. Since the alleged contempt relates to the judgment of 2nd May 2019, leave was unnecessary but was nonetheless granted as merited.

p. 3
02

Whether the applicant is entitled to orders restraining construction and dealing on the cancelled titles absent a stay

Holding

The court held that since no stay of the judgment of 2nd May 2019 had been granted by this court or the Court of Appeal, no dealings or construction should occur on the cancelled titles, and the prayers to bar further construction were merited.

Reasoning

The court reaffirmed that on 2nd May 2019 it held the suit properties to be Government Land, ordered cancellation of subdivisions and reversion to the government. Although the 5th Defendant averred stay applications were pending in the Court of Appeal, the court found no stay order had actually been granted. It therefore held there should be no dealings with the property and allowed the prayers barring further construction.

p. 3

Legal principles established

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  • Leave is not required where committal/contempt proceedings relate to a breach of a judgment, order or undertaking
  • Contempt of court in Kenya is governed by section 5 of the Judicature Act, which imports the powers of the High Court of Justice in England

Court orders

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  1. 1.Leave granted to the Plaintiff/Applicant to institute contempt proceedings against the Land Registrar, Kiambu County, despite the court finding leave unnecessary
  2. 2.Orders barring further structures from being built or properties being put up on the cancelled titles allowed
  3. 3.The Application dated 26th February 2020 allowed entirely with costs to the Applicants

Authorities

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Legislation

  • Judicature ActSection 5
  • Civil Procedure ActSection 3A
  • Civil Procedure RulesOrder 21 rule 1
  • Constitution of KenyaArticle 62(1)(d)
  • Constitution of KenyaArticle 62(4)

Cases cited (1)

  • Christine Wangari Chege vs Elizabeth Wanjiru Evans & Others
    (2014) eKLR
Jurisdiction invoked
Section 3A of the Civil Procedure Act (inherent powers) and Section 5 of the Judicature Act (power to punish for contempt)

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, "Sigona Jua Kali Association v County Governmnet Of Kiambu & 8 others [2021] KEELC 3887 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3887/eng@2021-03-11

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