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ELCDismissed· [2021] KEELC 4223 (KLR)

Miriam Nyambura Mwenja & another v Susan Muringi Wachira [2021] KEELC 4223 (KLR)

Environment and Land Court
4 February 2021
YAY.M. Angima
1,114 words in judgment
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The bottom line

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The Environment and Land Court refused to jail a landlady for contempt, ruling that ambiguous orders cannot form the basis of a contempt finding.

What this practically means

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Executive summary

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The Plaintiffs moved the court by notice of motion dated 29th May, 2020, seeking to have the Defendant, Susan Muringi Wachira, cited for contempt of court and jailed for six months without the option of a fine for allegedly violating status quo and interim injunction orders made on 6th May, 2020 in respect of suit properties LR. No. 6585/185, 6585/197 & 6585/268. The Plaintiffs contended that the Defendant had issued a notice to tenants directing them to pay rent to her advocates, in breach of the orders. The Defendant denied any breach, asserting that the ex-parte status quo orders in favour of the Plaintiffs had been vacated on 6th May, 2020 and new orders made in her favour allowing her to continue in possession and collect rent as before, the rental income being her only source of livelihood. The court framed one question: whether the Plaintiffs had demonstrated violation of the 6th May, 2020 orders. Applying the principle that contempt is quasi-criminal and requires proof to a standard higher than the balance of probabilities, and that the order alleged to be disobeyed must be clear and unequivocal (Ochino & Another v Okombo & 4 Others), the court held that the status quo order was ambiguous as the existing factual circumstances were not captured in it, and that the demand for rent did not amount to interference leading to alienation or depreciation of the properties. The application was dismissed with costs in the cause. Ruling delivered at Nyahururu on 4th February, 2021 by Y.M. Angima, J.

Key legal issues

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01

Whether the Defendant violated the status quo and interim injunction orders made on 6th May, 2020 by demanding rent from tenants

Holding

No violation was established; the status quo order was ambiguous and the demand for rent did not amount to interference leading to alienation or depreciation of the suit properties

Reasoning

The court found the status quo order susceptible to more than one interpretation because the existing factual circumstances were not captured in the order. On the injunction, the Plaintiffs did not demonstrate that demanding rent would lead to alienation or depreciation of the suit properties, nor how the demand 'interfered' with the properties. Contempt being quasi-criminal, the required standard of proof was not met.

p. 2

Legal principles established

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  • Contempt of court proceedings are quasi-criminal in nature and the standard of proof is higher than the balance of probabilities but lower than beyond reasonable doubt
  • Before a person can be punished for contempt, the order alleged to have been disobeyed must be clear and unequivocal in its terms

Court orders

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  1. 1.The Plaintiffs' notice of motion dated 29th May, 2020 is dismissed
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure Act (Cap. 21)Sections 1A, 1B, 3A, 63
  • Civil Procedure RulesOrder 40 Rule 3

Cases cited (2)

  • Ochino & Another v Okombo & 4 Others
    [1989] KLR 165
  • Mwangi Mang'ondu v Nairobi City Commission
    Civil Appeal No. 95 of 1998
Jurisdiction invoked
Sections 1A, 1B, 3A and 63 of the Civil Procedure Act (Cap. 21) and Order 40 Rule 3 of the Civil Procedure Rules

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, "Miriam Nyambura Mwenja & another v Susan Muringi Wachira [2021] KEELC 4223 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4223/eng@2021-02-04

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