Chege v Johnson Sakaja The Governor; Nairobi City County & another
The bottom line
#A landowner's bid to jail Nairobi's Governor over alleged contempt failed because contempt must be proven clearly and against properly named parties.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondents were in contempt of the judgment of July 11, 2019
No contempt established; the judgment itself found the County Government was not the party in occupation of the suit property
The 2019 judgment declared the applicant leasehold proprietor but expressly found that the structures on the land were a chief's camp belonging to the national government, and that no evidence showed the defendant (the County) had erected structures there. The alleged 'persistent contempt' therefore could not arise from that judgment.
Standard of proof in contempt proceedings carrying committal to civil jail
Contempt must be proved on incontrovertible facts showing deliberate, mala fide disobedience; proceedings are quasi-criminal in nature
Relying on Mativo J in Samuel MN Mweru and the court's own holding in Sophinah Kalondu Mbiti, the court reiterated that the breach must be deliberate and mala fide and that disobedience must be crystal clear before persons are held in contempt.
Whether the respondents, named personally rather than as the defendant in the suit, could be cited as contemnors
The respondents were not parties to the suit; the application failed to indicate they were brought in as contemnors
The only defendant in the suit was the Nairobi City County government. The Governor and the County Executive Officer were not parties to the proceedings, and the application did not state that they were brought in as contemnors, undermining the contempt application.
Legal principles established
#- Contempt punishable by committal to civil jail must be decided on incontrovertible facts that the contemnors deliberately failed to adhere to court orders
- Post-judgment invasion of property by a party not found to be in occupation is a new cause of action requiring proof in the usual manner
Court orders
#- 1.The application dated January 25, 2023 (amended notice of motion seeking committal for contempt) is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; contempt jurisdiction under Section 5(1) of the Judicature Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chege v Johnson Sakaja The Governor; Nairobi City County & another", Case Analysis (2023). Environment & Land Case 1503 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18787/eng@2023-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.