[2015] KEELC 706 (KLR)
The court found that the Defendant had already served the full 6-month term of civil jail imposed for contempt of court, and had been released. As a result, the application for review or substitution of the committal order was rendered moot, having been overtaken by events. There was no longer any live issue for the...
Source-derived case information.
- Citation
- [2015] KEELC 706 (KLR)
- Parties
- Plaintiff: Margaret Rose Wambui; Defendant: Silvester John Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3087 of 1981
- Procedural Posture
- Notice of Motion / Ruling on Post Judgment Application for Review of Committal Order
- Outcome
- application dismissed as overtaken by events
- Judges
- MM Gitumbi
- Legal Topics
- Contempt of Court, Review of Orders, Committal to Civil Jail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Rose Wambui
Plaintiff
Silvester John Njoroge
Defendant
Procedural Posture
Notice of Motion / Ruling on Post Judgment Application for Review of Committal Order
Legal Issues
- 1 Whether the court should review its order of 16th May 2014 committing the Defendant to civil jail for contempt of court.
- 2 Whether the Defendant is entitled to a substitution of the jail sentence with a fine or a reduction of the jail term.
Ratio Decidendi
The court found that the Defendant had already served the full 6-month term of civil jail imposed for contempt of court, and had been released. As a result, the application for review or substitution of the committal order was rendered moot, having been overtaken by events. There was no longer any live issue for the court to determine, and therefore the application was dismissed. Costs were ordered to be in the cause.
Court Disposition
application dismissed as overtaken by events
Orders
- The Defendant's application dated 26th June 2014 is dismissed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC NO. 3087 OF 1981
MARGARET ROSE WAMBUI ………………………….. PLAINTIFF
VERSUS
SILVESTER JOHN NJOROGE…………………..….. DEFENDANT
RULING
Coming up before me for determination is the Defendant’s Notice of Motion dated 26th June 2014 in which he seeks for the following orders:
Spent.
That this honorable court be pleased to review the order made on 16th May 2014 and substitute the same with an order that the Defendant/Applicant do pay a fine in the alternative to the jail sentence.
That in the alternative this honourable court do reduce the term of committal to jail.
That without prejudice to the above, this court do make such orders as it may deem fit and just.
It is true that on 16th May 2014 this court ordered that the Defendant be committed to civil jail for 6 months for contempt of court. As at today’s date, the Defendant has already served his 6 months in civil jail and has been released. Accordingly, this Application has been overtaken by events. The same is therefore hereby dismissed. Costs shall be in the cause.
DELIVERED AND SIGNED IN NAIROBI THIS 23RD
DAY OF JANUARY 2015.
MARY M. GITUMBI
JUDGE