Case law
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Division and case type: Environment and Land CourtPetition
…On 20th December 2023, the contemnors expressed willingness to purge the contempt by restoring the fence that was removed and by blocking the access road which resulted in their being cited for contempt of court. 4.…
…I have considered the circumstances that led to citing of the contemnors for contempt, the conduct of the contemnors after they were found guilty of contempt of the court and the explanation offered by the contemnors as to…
Division and case type: Environment and Land CourtPetition
…if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt; (p) that if the court is satisfied that the defendant has committed a contempt, the court may punish the defendant…
…E) With regard to contempt of order No.…
Division and case type: Environment and Land CourtPetition
…That the 1st 2nd, and 3rd Respondents be ordered to purge the contempt of Court order or be committed to civil jail for contempt of this Honourable Court' s order. 2.…
…That it is in the interest of justice and for the dignity and respect of the Court to be upheld that the 1st, 2nd , and 3rd Respondents be ordered to purge the contempt and/or be committed to civil jail for contempt of court…
Division and case type: Environment and Land CourtPetition
…of at least Kshs. 1,000,000/- for such contempt.…
…contempt and/or committed to jail.…
Division and case type: Environment and Land CourtPetition
…The substantive relief sought is to have the 3rd Respondent punished for contempt of court.…
…However, contempt proceedings being quasi- criminal in nature, the contempt must be proved to the required degree.…
Division and case type: Environment and Land CourtPetition
…He submits in the affirmative and argues that despite service, they have not made any efforts to restore or purge the contempt.…
…Joseph Nderitu Wanjohi (2016) eKLR Justice Mativo stated as follows: ' writing on proving the elements of civil contempt, learned authors of the book Contempt in Modern New Zealand have authoritatively stated as follows:-…
Division and case type: Environment and Land CourtPetition
…Section 5(1) of the Judicature Act grants the High Court and the Court of Appeal the power to punish for contempt.…
…Perhaps the most comprehensive of the elements of civil contempt was stated by the learned authors of the book Contempt in Modern New Zealand who succinctly stated: - “There are essentially four elements that must be proved…
Division and case type: CriminalCriminal Appeal
…of court when there was no motion in the High Court filed asking the Court to grant leave for the prosecution of the appellant for contempt of court.…
…The first one has attacked the plea taking while the rest have argued that the facts of the case herein do not either fall into civil contempt of court or criminal contempt of court.…
Division and case type: Environment and Land CourtPetition
…Director of Public Prosecutions & 4 others (2018) eKLR the Court of Appeal set out the law on contempt as follows: “It is trite that to commit a person for contempt of court, the court must be satisfied that he has willfully…
…It is on the foregoing principles that the Petitioners’ contempt of court application falls for consideration.…
Division and case type: Environment and Land CourtPetition
…Applicants’ Application dated 25th September, 2017 seeking Contempt of Court Orders. …
…Other it would lead to contempt of Court which has such serious and severe consequences bordering on criminality. 19. I wish to critically and exclusively deliberate the issue of contempt.…
Division and case type: Environment and Land CourtPetition
…Applicants’ Application dated 25th September, 2017 seeking Contempt of Court Orders. …
…Other it would lead to contempt of Court which has such serious and severe consequences bordering on criminality. 19. I wish to critically and exclusively deliberate the issue of contempt.…
Division and case type: CriminalCriminal Appeal
…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…
…In convicting, him of contempt the trial magistrate assumed there was a valid order of the court dated 21st October 1992, when there was none.…
Division and case type: Environment and Land CourtPetition
…The 1st and 2nd Respondents have separately denied being in contempt of the said orders. …
…Perhaps the most comprehensive of the elements of civil contempt was stated by the learned authors of the book Contempt in Modern New Zealand who succinctly stated:- "There are essentially four elements that must be proved…
Division and case type: Environment and Land CourtPetition
…It is equally accepted that the application for committal for contempt is a peculiar amalgam, for it is a civil proceeding that invokes a criminal sanction or its threat.…
…Arising from the foregoing, it is an established principle of law that in order to succeed in civil contempt proceedings, the applicant has to prove not only the terms of the order said to have been disobeyed but also the…
Division and case type: Environment and Land CourtPetition
…It proceeded to a full hearing over a span of about eight years, involved viva voce evidence, interlocutory applications including a contempt motion, site visits and extensive submissions.…
…Item No. 47 (Contempt Application) Item No. 47 related to instruction fees to oppose a contempt application dated 14 July 2022, which was heard and determined by B.N.…
Division and case type: Environment and Land CourtPetition
…It proceeded to a full hearing over a span of about eight years, involved viva voce evidence, interlocutory applications including a contempt motion, site visits and extensive submissions.…
…Item No. 47 (Contempt Application) Item No. 47 related to instruction fees to oppose a contempt application dated 14 July 2022, which was heard and determined by B.N.…
Division and case type: Environment and Land CourtPetition
…They lament that they have served multiple jail terms on account of being found guilty of contempt of court without the allegations of contempt being seriously interrogated.…
…He claims that the defendants however went against the order and yet again cut some sugarcane and an application for contempt was filed.…
Division and case type: Environment and Land CourtPetition
…Bryant, Leah Bryant and Registrar Of Titles Mombasa) and the intended/ Respondents (Timothy Bryant, Aman Kurji and Rishma Kurji) to all appear personally in physical court and show cause why they should not be punished for contempt…
…That the application is an abuse of the court process as the petitioner filed an earlier application for contempt of court on 11th November 2022 and that the requirements for contempt have not been met.…
Division and case type: High Court DivCriminal Appeal
…In that ruling, the Chief Magistrate determined a contempt of court application and sentenced each of the appellants to pay a fine of Kshs.100,000/= within 24 hours, in default to serve 5 days imprisonment.…
…Court Act which provides: “In the case of civil proceedings, the willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court constitutes contempt…
Division and case type: Environment and Land CourtPetition
…That the contemnor herein to wit, Francis Chilengeli Njuga be committed to civil jail for a period of six months for being in contempt of the orders of this honorable Court made on 2nd October 2015; c.…
…The issue for determination before the court is whether the 2nd respondent is guilty of contempt of court as alleged by the applicants. 22. Section 29 of the Environment and Land Court Act, provides as follows: “29.…