Sammy Akifuma & another v Kaposh Njoroge Nakumana & 3 others [2021] KEELC 122 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether leave to commence contempt proceedings is required
Leave is not necessary; the Court proceeded directly to consider the committal prayer
The Court found the Notice of Motion ambiguous because it sought both leave to commence contempt proceedings and committal. Relying on the Court of Appeal's decision in Shimmers Plaza Limited v National Bank of Kenya Ltd, the Court held that under the current position, leave before instituting contempt proceedings is no longer necessary, and declined to say more on that point.
Whether the two officers are in contempt for non-compliance with the order releasing Ksh. 13,814,700
The Chairman of the National Land Commission and the CEO of Kenya Railways were found in contempt
The application was unopposed and uncontroverted. The entities had been served, given sufficient time to explain any difficulty in complying with the order releasing funds, and chose to keep quiet. The Court held that court orders are made to be complied with and allowed the second prayer, finding the two officers in contempt.
Legal principles established
#- Leave of the Court is no longer necessary before instituting contempt of court proceedings
Court orders
#- 1.A finding that the Chairman of the National Land Commission and the Chief Executive Officer of Kenya Railways are in contempt of Court for failure to comply with lawfully issued orders
- Jurisdiction invoked
- Rule 9A of the Civil Procedure Rules, Section 5(1) of the Judicature Act, Sections 3 and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sammy Akifuma & another v Kaposh Njoroge Nakumana & 3 others [2021] KEELC 122 (KLR)", Case Analysis (2021). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/122/eng@2021-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.