[2016] KEELC 1275 (KLR)

[2016] KEELC 1275 (KLR)

The court found that publication of matters under active consideration, beyond reporting what is said in court, risks prejudicing the fair administration of justice. The court therefore ordered the newspaper to refrain from publishing such matters, and directed the County Government and its representatives to avoid...

Source-derived case information.

Citation
[2016] KEELC 1275 (KLR)
Parties
Plaintiff: John Ntoiti Mugambi & 85 Others (all trading as Isiolo Stage View Enterprises C.B.O); Defendant: County Government of Isiolo
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 102 of 2015
Procedural Posture
Land and Environment Case / Interlocutory Ruling
Outcome
Interlocutory orders granted restraining publication and discussion of matters before court; directions issued for further proceedings.
Judges
FM Njoroge
Legal Topics
Media Reporting on Pending Cases, Court Orders Compliance, Negotiation During Litigation
Source Language
en
Land and Property Civil Procedure Media Reporting on Pending Cases Court Orders Compliance Negotiation During Litigation

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Summary, issues, holding and outcome

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Parties

John Ntoiti Mugambi & 85 Others (all trading as Isiolo Stage View Enterprises C.B.O)

Plaintiff

County Government of Isiolo

Defendant

Procedural Posture

Land and Environment Case / Interlocutory Ruling

Legal Issues

  1. 1 Whether the media can publish matters under active court consideration beyond reporting court proceedings.
  2. 2 Whether parties or their agents may discuss or publish information that could contravene existing court orders.
  3. 3 Whether the County Government and its representatives are bound to refrain from actions that may amount to disobedience of court orders.

Ratio Decidendi

The court found that publication of matters under active consideration, beyond reporting what is said in court, risks prejudicing the fair administration of justice. The court therefore ordered the newspaper to refrain from publishing such matters, and directed the County Government and its representatives to avoid any conduct, including publication or discussion, that could be seen as contravening court orders. The court emphasized the duty of parties and their advocates to uphold the integrity of the judicial process and comply strictly with all court directives.

Court Disposition

Interlocutory orders granted restraining publication and discussion of matters before court; directions issued for further proceedings.

Orders

  • The newspaper that published the article is ordered not to publish matters being canvassed in court except for reporting what has been said in court, specifically regarding the article on Page 26 of the Daily Nation Edition of 09/09/2016.
  • The County Government is free to negotiate with the applicants but not to publish anything that may be seen to be in contravention of court orders.