Sedco Consultants Limited v Kararaho; Rop (Interested Party) (Environment and Land Miscellaneous Application E011 of 2024) [2024] KEELC 5154 (KLR)
The bottom line
#Kenya's Environment and Land Court can punish contempt of tribunal orders, and a tenant who ignored Business Premises Rent Tribunal orders was found guilty.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over contempt of BPRT orders
The Preliminary Objection on jurisdiction fails; the ELC may punish contempt of BPRT orders under Section 5(1) of the Judicature Act, which extends to upholding the authority and dignity of subordinate courts.
While Section 29 of the ELC Act limits the court's contempt power to ELC orders, and Section 14 of the Landlord and Tenant Act channels enforcement of BPRT orders through subordinate courts, contempt proceedings are different. Section 5(1) of the Judicature Act confers blanket contempt power on the ELC as a court of equal status to the High Court, extending to upholding the dignity of subordinate courts and tribunals. The absence of contempt rules under Section 8(10) of the Magistrates' Courts Act reinforces this.
Penal notice endorsement under Rule 81 of the English CPR
Lack of a penal notice endorsement does not vitiate the contempt application where the Respondent knew the orders and their consequences.
The purpose of a penal notice is to warn of consequences of disobedience. The Respondent demonstrated knowledge of the orders' effect by filing an application to set them aside on 15th February 2024. She could not therefore rely on the absence of a penal notice, and no evidence showed the outcome of her set-aside application, which was due for ruling on 25th March 2024.
Sub judice
The contempt application is not sub judice because the subject matter differs from the pending BPRT application.
The sub judice rule under Section 6 of the Civil Procedure Act applies where the same matter directly and substantially in issue is pending in another suit between the same parties. Before the BPRT, the Respondent agitates her exclusive occupational rights; the issue in this application is contempt of the BPRT orders. The subject matters differ, so the rule is not offended.
Whether the Respondent was in contempt
Yes. The Applicant proved the terms of the order, the Respondent's knowledge of it, breach by locking the premises, and deliberate conduct to the required standard.
Applying the Samuel M.N. Mweru test: the order of 13th February 2024 was clear and unambiguous; it was served on the Respondent and her advocates per the affidavit of the process server Daniel Shiraho; the Respondent did not deny locking the premises; her excuse of police directions was unsupported and cannot supersede a lawful tribunal's orders; and her pending set-aside application did not suspend her obligation to comply.
Legal principles established
#- A party who knows of a court order, whether valid or irregular, must obey it until it is discharged by the court; she cannot decide for herself whether it is null or void.
- The standard of proof in contempt proceedings is higher than the balance of probabilities but not beyond reasonable doubt.
- The ELC has jurisdiction to entertain contempt applications concerning orders of the BPRT, drawing on Section 5(1) of the Judicature Act which extends to upholding the authority and dignity of subordinate courts.
Court orders
#- 1.A declaration that the Respondent, Veronicah Wangui Kararaho, be cited for contempt
- 2.A notice to the Respondent to appear before the court on 30th September, 2024 for mitigation before sentencing
- 3.The Respondent to bear the costs of the application
- Jurisdiction invoked
- Section 5(1) of the Judicature Act and Section 29 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sedco Consultants Limited v Kararaho; Rop (Interested Party) (Environment and Land Miscellaneous Application E011 of 2024) [2024] KEELC 5154 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5154/eng@2024-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.