Kabuito Contractors Ltd v Nairobi City Council
The bottom line
#Ignoring a court order, even if you know about it, can lead to being held in contempt and facing jail time.
What this practically means
#Executive summary
#Key legal issues
#Whether knowledge of a court order dispenses with personal service for contempt
Knowledge of the order suffices; the court held on a balance of probability that the Council and its Town Clerk not only knew of the orders but were personally served.
The court relied on affidavits of service showing the order of 28 April 2003 and decree were received by Franklin Magaju as Senior Counsel, later served personally as Town Clerk with a penal notice, and a part-payment cheque signed by him. Following Ringera v Muite, prior knowledge made formal service unnecessary.
Whether non-payment of a decree constitutes contempt
Yes; contempt arises both from disobeying the order by non-payment and from disregarding it without coming to court to explain default.
The Council paid only Kshs.200,000 towards the decree then went silent, making no proposals to pay the balance. The court held this part-payment itself contemptuous given the total debt and the silence as to the balance.
Whether the Town Clerk should be committed to civil jail
Committal was not immediately ordered; a warrant of arrest was issued requiring him to show cause, the court noting his liberty is a fundamental right and this is not a personal liability.
The court found contempt established (prayer 1) but declined immediate committal, instead issuing a warrant of arrest to bring the Town Clerk before the court to show cause, balancing his fundamental right to liberty against his public duty as Accounting Officer.
Legal principles established
#- A person against whom a court order is made is bound to obey it until discharged, even if he believes the order void
- Personal service of a court order is not necessary where the person already has knowledge of the order
Court orders
#- 1.A declaratory order that the Respondent is in contempt of the court (prayer 1 granted)
- 2.A Warrant of Arrest to issue against the Town Clerk, Mr. Franklin Magaju, to be arrested and brought before the court to show cause why he should not be committed to civil jail for up to six months
- 3.The Warrant to be executed and enforced by the Bailiff of the Court, with the Officer-In-Charge of the Central Police Station directed to assist and provide security
- 4.Further orders/directions to be given upon execution of the order
- Jurisdiction invoked
- Leave granted by the High Court to commence contempt proceedings against the Town Clerk, Nairobi City Council (order of 26 May 2004)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kabuito Contractors Ltd v Nairobi City Council", Case Analysis (2004). Misc. Application No. 607 of 2004. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.