Judge: Contempt proceedings serious, not a tool to settle personal scores

The High Court has warned litigants that a court of law is not a place to settle personal vendetta, which are not backed by evidence.

Justice Samwel Mohochi warned that it is an abuse of court processes and a waste of time for one party to try and use the courts as a weapon against an opposing party.

Mohochi, made the statement in a matrimonial dispute case ruling, pitting former Marathon star Lucy Kabuu and his estranged husband Jeremiah Maina.

According to Mohochi, the former couple were not only trading contempt claims, but were using court processes to make serious allegations against each other, without sufficient evidence.

Mohochi noted that despite the contempt proceedings taking over six months in court, the same was not productive.

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“Contempt of court proceedings are a serious undertaking because those cited for contempt stand to lose their liberty. It should not be taken lightly,” ruled the judge.

He said that in contempt proceedings, the court, in exercising its jurisdiction, must be minded to ensure the orderly functioning of society and the rule of law.

According to Mohochi, allegations that may lead to jail term or a fine should be made in court only when there is enough evidence to back the same.

He criticized the two for trying to invite the court to make a judicial pronouncement on pieces of evidence legality in the middle of the trial.

Mohochi insisted that the current administration of justice was well informed in rendering substantive justice over technicalities.

“The court detests a situation where a party either seeks to ‘steal a match’ by relying on a technicality to their advantage, conceals evidence and documents, or introduces it at a later stage of the trial, despite knowing the same would contribute to the just determination of the dispute,” ruled Mohochi.

He warned parties to be aware that the court had taken notice of such incidences and serious actions would be taken.

Mohochi noted that although Kabuu filed a contempt of court proceeding against Maina, she has also been accused of contempt of court for reasons similar to those of Maina.

He urged parties to focus on the facts of the case and the merits instead of making applications and allegations, deliberately designed to deprive an advantage in the outcome of the case.

“Contempt proceedings are not to be deployed for vindictive reasons or extraneous reasons not in furtherance of the cause of justice,” ruled Mohochi.

He said that granting adverse orders including demolition and eviction and convictions, can only be made after hearing all parties affected.

He said that unless all the ingredients in the case are proven and all the persons mentioned in the contempt testify, the court shall decline to issue any orders sought.

According to Mohochi, no prejudice was demonstrated to be occasioned should the trial in the main suit proceed and any conduct of the party be factored within the final judgment.

Mohochi ruled in an application by Kabuu, she wanted Maina jailed or fined for contempt.

Kabuu accused Maina of disobeying several court orders that stopped him from selling some matrimonial property.

“He collected rent for a plot in Nyahururu and refused to remit the same to Legacy Auctioneers as ordered by the court,” she submitted.

Maina defended himself, saying all the claims had not been backed up with evidence.

Kabuu wants control of the entire  matrimonial estate estimated to be worth over Sh70 million, while Maina wants a 50 percent share of the same

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…Utilities…

-Kabuu was 10,000 meters’ gold medalist, Maina was her coach

-The two were together between 2009 and 2014.

-Maina moved to court in 2014 and filed for divorce.

-Kabuu was suspended from athletics in August 2018 after she failed a doping test.

-The divorce was finalized in 2020.