Peter Migosi Migosi v Diocese of Kisii [2021] KEELC 2936 (KLR)
- Court
- Environment & Land Court
- Case number
- 2936
- Citation
- [2021] KEELC 2936 (KLR)
- Decided
- 11 June 2021
Summary at a glance
TypeContempt of CourtPostureApplication for contempt of courtCoramAs Mativo
The court found that the Respondent's agent did not commit contempt of court as there was no evidence of constructing or developing the stalled church.
Facts
The Plaintiff filed an application seeking to cite the Respondent's agent, Raphael Achira, for contempt for disobeying a court order issued on 12 May, 2020. The Respondent claimed that the congregation and youth gathered to prepare the church for a church service on 13 September, 2020.
Issues
- Whether the Respondent's agent should be cited for contempt of court
Reasoning
The court held that the Respondent's agent did not act in breach of the terms of the order and that the conduct was not deliberate. The standard of proof required for contempt of court is beyond reasonable doubt, and the court found that the requisite elements were not established.
Outcome
The application for contempt of court was dismissed.
Authorities cited
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