Ethics and Anti Corruption Commission & another v Njuguna (Suing as Guardian ad Litem of Njuguna Macharia) & 4 others; Ngugi & another (Interested Parties)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the respondents and interested parties were in contempt of the order of 29th January 2015
No contempt was established. The order did not restrain construction works, so there was no breach; the interested parties only learned of the order on 30th January 2023 and immediately ceased works.
The court set out the four elements of civil contempt: a clear, unambiguous and binding order; knowledge of it; breach; and deliberate conduct. It found the 2015 order restrained only selling, transferring, charging, leasing, subdividing, wasting or disposing of the suit property, and made no reference to construction. Without a breach of the order's terms, willfulness and deliberateness could not be inferred. The interested parties, as contractors not initially party to the suit, ceased works upon service.
Knowledge/notice of the court order
The respondent had notice through her counsel who was aware of the order; the interested parties had no knowledge until 30th January 2023.
Relying on Shimmers Plaza, the court held that knowledge by a party's advocate suffices, since an advocate must report back to the client all that transpired in court. Basil Criticos confirms knowledge supersedes personal service. However, the interested parties were not initially parties to the suit and only became aware of the order upon service, after which they immediately ceased all works.
Legal principles established
#- To succeed in civil contempt the applicant must prove the terms of a clear and unambiguous order binding on the respondent, the respondent's knowledge of it, breach of it, and that the breach was deliberate, to a standard higher than in ordinary civil cases
- Knowledge of a court order by a party's advocate suffices for contempt proceedings; personal service is not always necessary
- A party cannot be held in deliberate and willful disobedience of an order unless they had knowledge of its existence
Court orders
#- 1.The application seeking contempt findings against the Respondents and Interested Parties is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 5 of the Judicature Act; section 29 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti Corruption Commission & another v Njuguna (Suing as Guardian ad Litem of Njuguna Macharia) & 4 others; Ngugi & another (Interested Parties)", Case Analysis (2023). Environment & Land Case 310 of 2014 & Civil Suit 270 of 2008 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17696/eng@2023-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.