Center for Litigation on Environment and Governance (CLEG) v Tasiir (Environment and Land Miscellaneous Application E004 of 2024) [2024] KEELC 7107 (KLR)
The bottom line
#The Mombasa Environment and Land Court struck down a contempt application filed in a fresh file, ruling it belonged in the pending petition itself.
What this practically means
#Executive summary
#Key legal issues
#Whether the contempt application is sub judice under Section 6 of the Civil Procedure Act
The application is sub judice and was struck off
The court applied Section 6 of the Civil Procedure Act, finding the same parties were litigating over the same subject matter in the pending Petition No. ELCEP PET E001 of 2024. Citing Kenya Bankers Association v Kenya Revenue Authority, the court noted that sub judice concerns the 'matter in issue' rather than the prayers sought, and adopted the Supreme Court's approval of the test that a matter involves some right, duty or liability to be established by the court's determination. Since the contempt flowed from orders in that pending petition, it should have been raised there.
Legal principles established
#- Contempt proceedings arising from orders in a pending suit should be raised in that suit's file, and an application whose subject matter is directly and substantially in issue in a pending proceeding is sub judice
Court orders
#- 1.The contempt application is struck off with no orders as to costs
- Jurisdiction invoked
- Sections 4(1) & 5 of the Contempt of Court Act, No. 46 of 2016; Sections 1A, 1B, 3A & 63 of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Center for Litigation on Environment and Governance (CLEG) v Tasiir (Environment and Land Miscellaneous Application E004 of 2024) [2024] KEELC 7107 (KLR)", Case Analysis (2024). Contempt Application dated 22nd August 2024 (arising from ELCEP PET E001 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7107/eng@2024-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.