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ELCPartially AllowedApplication dated 20.4.2018 in ELC Case (Meru)· [2018] KEELC 831 (KLR)

Margaret Nkirote & another v Wilson M’ringera & 3 others [2018] KEELC 831 (KLR)

Environment and Land Court
8 November 2018
LMLucy N. Mbugua
1,475 words in judgment
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The bottom line

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A Kenyan landowner who defied a court order to transfer land was found guilty of contempt, and the illegal subdivision was cancelled.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru (Mbugua J) determined an application dated 20 April 2018 by Sarah Karwitha Elijah, substituted for the original plaintiff Margaret Nkirote, seeking contempt proceedings against the 4th respondent, Martin Powel, for disobeying a decree and the order of 14 April 2016 requiring him to sign transfer documents over 0.69 acres of L.R No. Nyaki/Kithoka/3019. The applicant averred that, with full knowledge of the orders, the 4th respondent sub-divided the parcel into Nos. 4946 and 4947 and transferred part to a stranger, Martin Mburugu Bikuri. The respondent filed neither a response nor submissions and did not appear, leaving the averments unrebutted. The court relied on sections 3 and 4 of the Contempt of Court Act and section 29 of the Environment and Land Court Act, and applied the dictum in Teachers Service Commission v KNUT on the rule-of-law purpose of contempt jurisdiction. Finding the conduct contumacious, the court cancelled the sub-division, reinstated the parcels to the original number 3019 and ownership, cancelled Martin Mburugu Bikuri's name from parcel 4946, found the 4th respondent guilty of contempt of the orders of 14 April 2016, directed him to appear for mitigation and sentencing on a date to be fixed, and condemned him to pay costs of the application.

Key legal issues

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01

Whether the 4th respondent was in civil contempt

Holding

The 4th respondent was found guilty of contempt for subdividing and transferring the suit land in defiance of the order of 14.4.2016

Reasoning

The court found the judgment of 17.5.2006 had never been implemented and that the 4th respondent, with full knowledge of the orders, sub-divided parcel 3019 into 4946 and 4947 and transferred part to a stranger. The respondent filed no reply or submissions and did not rebut the averments, leaving the applicant's evidence uncontroverted. The court held such conduct contemptuous and injurious to the rule of law.

p. 3
02

Whether the sub-division and transfer effected in breach of the orders should be undone

Holding

The sub-division was cancelled and the parcels reinstated to the original number 3019 and ownership, and the stranger's name was cancelled

Reasoning

The court reasoned that the sub-division must have been undertaken to defeat the cause of justice and keep the 0.69 acres awarded to the plaintiff out of her reach. Official search certificates confirmed the existence of the new parcels, and the lawful remedy was restitution of the original parcel and cancellation of the transferee's registration.

p. 2

Legal principles established

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  • A court order is a directive that must be complied with; defiance is not an option, and contempt jurisdiction preserves the rule of law

Court orders

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  1. 1.Cancellation of the subdivision of Land Registration No. Nyaki/Kithoka/3019 now subdivided into Nyaki/Kithoka/4946 and 4947 and reinstatement of the two parcels back to the original number 3019 and ownership
  2. 2.Cancellation of the name of Martin Mburugu Bikuri as proprietor of land No. Nyaki/Kithoka/4946
  3. 3.A finding that Martin Powel, the 4th respondent, is guilty of contempt of the court orders issued on 14.4.2016
  4. 4.An order for Martin Powel to appear before the court for mitigation and sentencing on a date to be fixed by the court
  5. 5.The 4th respondent to pay costs of the application
Jurisdiction invoked
Contempt jurisdiction under Section 4 of the Contempt of Court Act No. 46 of 2016 and Section 29 of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Margaret Nkirote & another v Wilson M’ringera & 3 others [2018] KEELC 831 (KLR)", Case Analysis (2018). Application dated 20.4.2018 in ELC Case (Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/831/eng@2018-11-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.