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ELCDismissedNot stated in excerpt (application dated 12/4/2022 within a petition)· [2022] KEELC 3280 (KLR)
Ravat & another v County Government of Kisumu & another (Constitutional Petition E10 of 2021) [2022] KEELC 3280 (KLR)
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·~9 min to read original · ~4 min briefThe bottom line
#The Kisumu Environment and Land Court dismissed a contempt claim against the County Government because the applicants could not prove the county wilfully breached a court order.
What this practically means
#Executive summary
#The applicants sought contempt findings and consequential orders (arrest and imprisonment of the Kisumu City Manager, fines or damages, and directions to purge contempt) for breach of conservatory orders issued ex parte on 17 May 2021 and confirmed on 23 September 2021, which injuncted the County Government of Kisumu and the City Manager from trespassing upon or interfering with the applicants' use and possession of suit parcels of land around Kibuye Estate. The orders were extracted and served on 20 May 2021. The applicants alleged that traders were thereafter settled on the land in an opaque arrangement, contrary to the respondents' earlier public assertion that they had repossessed the public land for market use, and that the respondents, as the institutions authorising developments in the city, took no steps to stop construction. The City Manager denied any breach, asserting the respondents had never set foot on the property since the orders. The court restated the four elements of civil contempt and the standard of proof, which is above balance of probability but below beyond reasonable doubt. It accepted that the order was clear, unambiguous, binding and served with the respondents' knowledge, but found no evidence that the respondents resettled the traders - there was no agreement between them and the traders and no rent received by them. The applicants failed to discharge the burden of proving wilful, deliberate breach. The application was dismissed with costs on 5 August 2022.
Key legal issues
#01
Whether the respondents were in contempt of the conservatory orders of 17 May 2021 as confirmed on 23 September 2021
Holding
No contempt proved; although service and clarity of the order were established, the breach and wilfulness were not
Reasoning
The court accepted the order was clear, binding and served. However, on the evidence there was no agreement between the respondents and the traders and no rent received by the respondents. The court was thus not satisfied on the elevated contempt standard that the respondents wilfully settled the traders or breached the order at all.
p. 5
Legal principles established
#- The standard of proof in civil contempt is above balance of probability but below beyond reasonable doubt
- Four elements must be proved for civil contempt: clear and unambiguous order, knowledge/notice, breach, and deliberateness
- Personal knowledge via service of the order is required given the gravity of contempt consequences
Court orders
#- 1.The application dated 12/4/2022 is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over contempt of its own orders; specific constitutional/statutory provision not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ravat & another v County Government of Kisumu & another (Constitutional Petition E10 of 2021) [2022] KEELC 3280 (KLR)", Case Analysis (2022). Not stated in excerpt (application dated 12/4/2022 within a petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3280/eng@2022-08-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.