In re Application to cite E A O for Contempt of Court (Miscellaneous Cause)
The bottom line
#An order superseded by a higher court is not enforceable, meaning you cannot be found in contempt for breaking it.
What this practically means
#Executive summary
#Key legal issues
#Service and knowledge of the order as prerequisites for contempt
The applicant failed to prove service of the order or the respondent's knowledge of it; presence in proceedings does not of itself establish knowledge of the order's terms
The court held that the primary factors are service of the order and breach despite service or knowledge. The applicant did not address service, relying instead on the respondent's presence when the order was made, but no material proved her awareness or participation. The order must be placed in the hands of the person expected to comply with it.
Whether the Children's Court order remained operative for contempt purposes
The Children's Court order of 3rd April 2013 was superseded by the High Court orders of 2nd May 2013 and the Court of Appeal orders of 21st February 2014, and was no longer capable of compliance or disobedience
The High Court's interim orders totally revised the Children's Court order, substituting its own. The Court of Appeal vested actual custody in the respondent and stayed the High Court's access orders without reinstating the Children's Court order. The operative custody order was the Court of Appeal's; the access order was stayed, leaving access in limbo.
Legal principles established
#- An order alleged to have been disobeyed must be formally extracted and served personally on the person bound to obey it, particularly where non-compliance attracts criminal sanctions
- An order superseded by subsequent orders of a superior court is no longer capable of compliance and cannot found a contempt application
Court orders
#- 1.The Motion dated 13th May 2014 is dismissed with costs
- 2.No orders made on terms of access; the Court of Appeal is seized of the matter and access orders may be sought from that court
- Jurisdiction invoked
- Inherent contempt jurisdiction of the High Court in a miscellaneous cause; orders under consideration arose from Children's Case No. 18 of 2009 (Nairobi Children's Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Application to cite E A O for Contempt of Court (Miscellaneous Cause)", Case Analysis (2015). Miscellaneous Cause (Motion dated 13th May 2014). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.