Rotich & 2 others (Riverside Westend Neighbourhood Association, Westlands) v Director of Trade Licensing, Nairobi City County Government & 2 others; Maina & another t/a Ibury Lounge (Contemnor) (Environment and Land Constitutional Petition E017 of 2024) [2024] KEELC 5642 (KLR) (25 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5642
- Citation
- [2024] KEELC 5642 (KLR)
- Decided
- 25 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureRespondent seeks to dismiss contempt motion and preliminary objection.CoramAA OMOLLO
Holding
The contempt motion is dismissed with costs.
Facts
The 3rd Respondent (Ibury Lounge) posted pictures on social media allegedly showing live music and alcohol sales at the impugned premises, which were subject to a court order.
Issues
- Contempt of Court
- Jurisdiction of the Court
Reasoning
The court finds that the applicants have not met the high standard of proof required for contempt, as their affidavits lack corroboration.
Outcome
Both the preliminary objection and the notice of motion are dismissed.
Orders
- Dismissal of contempt motion with costs
- Dismissal of preliminary objection
Remedies
- None
Authorities cited
Legislation (2)
- Environment and Land Court Act
- Constitution of Kenya, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…