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ELCPartially AllowedNot stated in judgment· [2024] KEELC 3916 (KLR)

Kamau v Godoro & another; Abihanif & another (Interested Parties) (Environment & Land Case 187 of 2014) [2024] KEELC 3916 (KLR)

Environment and Land Court
16 May 2024
AOA O Ombwayo
930 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court jailed a man for three months—or a KSh 300,000 fine—for ignoring a signed land transfer agreement the court had made binding.

What this practically means

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Executive summary

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The applicant, Hadija Njeri Kamau, moved the Environment and Land Court at Nakuru by application dated 4th March 2024 seeking committal of the 1st defendant/respondent, Abdalla Tairara Godoro, to prison for six months for disobeying a consent order issued on 21st June 2022. Under the consent, Maimuna Abihanifa Godoro and Zainabu Abihanifa Godoro were to voluntarily and irrevocably transfer their interests in properties Title No. Juja/Kalimoni Block 2/144 and Title No. Juja/Kalimoni Block 2/191 to the applicant, while the 1st defendant was to clear pending land rents and rates, pay stamp duty and settle outstanding dues to Thika Muslim Co-operative Housing Society Ltd, with the conveyance process to conclude within ninety days. The applicant alleged the respondent, despite full knowledge of the order, refused to comply and continued to defy it with impunity. The application was unopposed; the respondent filed no replying affidavit despite being served. The court found that the applicant had demonstrated the respondent's disobedience of the orders of 21st June 2022 and sentenced the respondent to three months' imprisonment, with an alternative fine of Kshs.300,000. The ruling was delivered virtually at Nakuru on 16th May 2024 by A O Ombwayo, Judge.

Key legal issues

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01

Whether contempt of a consent order was established

Holding

Contempt was established on the unopposed application; the respondent was aware of the consent order adopted on 21st June 2022 and failed to comply, warranting a three-month custodial sentence with an alternative fine

Reasoning

The consent entered into by the parties' advocates on 21st June 2022 was adopted as an order of the court. The respondent filed no replying affidavit despite service, so the disobedience was uncontroverted. The court found the disobedience proved and exercised its discretion to sentence the contemnor to three months' imprisonment, with a fine of Kshs.300,000 as an alternative.

p. 3

Legal principles established

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  • A party who knowingly disobeys a consent order adopted by the court is liable to committal for contempt

Court orders

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  1. 1.The 1st respondent Abdalla Tairara Godoro is sentenced to jail for a period of 3 months for contempt of the court orders granted on 21st June 2022
  2. 2.In the alternative, the 1st respondent to pay a fine of Kshs.300,000/=
Jurisdiction invoked
Not expressly stated; contempt of orders issued by the court in the suit before it

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, "Kamau v Godoro & another; Abihanif & another (Interested Parties) (Environment & Land Case 187 of 2014) [2024] KEELC 3916 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3916/eng@2024-05-16

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