Keesi & 2 others (Suing as the administrator of the Estate of Jonathan Keesi Ngunzi - Deceased)) v Keesi & 9 others (Environment & Land Case 337 of 2017) [2024] KEELC 1372 (KLR)
The bottom line
#A Kenyan court found a landowner guilty of contempt for building on land under an injunction, and confirmed such injunctions don't automatically expire after twelve months.
What this practically means
#Executive summary
#Key legal issues
#Whether the injunction issued on 20/12/2018 lapsed after twelve months under Order 40 Rule 6
The injunction did not lapse; it was granted pending hearing and determination of the suit and the plaintiffs were not indolent.
Order 40 Rule 6 provides that an injunction lapses after twelve months unless for sufficient reason the court orders otherwise. Judicial authority construes the rule as targeting indolent litigants who delay their suits. The record showed the plaintiffs actively prosecuted the suit, with adjournments caused by substitution of deceased parties and succession proceedings. These were special circumstances justifying continued subsistence of the injunction. A party aggrieved by a subsisting injunction must apply to have it set aside or varied.
Whether the 9th Defendant was guilty of contempt of the court order
Yes. The order was clear, the Defendant had notice, and he deliberately breached it by constructing and occupying a residential house on the suit property.
The court applied the elements of civil contempt: clear and unambiguous terms, knowledge or notice, breach, and deliberateness. The order was unambiguous; the Defendant admitted his advocate informed him of it and he was served with an affidavit of service and a cautionary letter. Contempt being quasi-criminal, proof beyond the balance of probabilities is required. Photographs and the Defendant's own admission established that he completed and occupied a permanent house on the suit land while the order was in force.
Legal principles established
#- An interlocutory injunction expressed to last until the hearing and determination of the suit does not automatically lapse after twelve months under Order 40 Rule 6, especially where the suit has remained active and the plaintiff is not indolent.
- Contempt is quasi-criminal and must be proved to a standard higher than the balance of probabilities but not necessarily beyond reasonable doubt; the applicant must prove clear terms, notice, breach and deliberate conduct.
Court orders
#- 1.A declaration that the order issued by Hon. Justice Mbogo on 20/12/2018 has not lapsed and is still in force
- 2.A finding that the 9th Defendant is guilty of contempt of the order dated 20/12/2018
- 3.The 9th Defendant to appear before the court on 7/05/2024 for sentencing and further orders
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 40 Rule 3 of the Civil Procedure Rules, 2010; Section 5 of the Judicature Act (contempt jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keesi & 2 others (Suing as the administrator of the Estate of Jonathan Keesi Ngunzi - Deceased)) v Keesi & 9 others (Environment & Land Case 337 of 2017) [2024] KEELC 1372 (KLR)", Case Analysis (2024). Notice of Motion dated 18th November, 2020 (ELC, Makueni). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1372/eng@2024-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.