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ELCOtherConstitutional Petition E003 of 2021· [2022] KEELC 13522 (KLR)
M’Liria v Land Adjudication Officer, Amungenti “A” Ajudication & Settlement Section & 2 others
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This ruling by the Environment and Land Court at Meru (C.K. Nzili, J) disposed of the sentencing stage of contempt proceedings arising from Constitutional Petition E003 of 2021. A ruling dated April 27, 2022 had found the 2nd and 3rd respondents - the Chief of Kabuline Location and, by extension, the state respondents - guilty of contempt of court, and they filed sworn mitigation statements on May 6, 2022. Counsel for the respondents emphasised remorse, first-offender status and their positions as civil servants with dependants; counsel for the petitioner submitted that no apology or compensation had been offered, that the access road through the suit property remained in use, and sought closure of the road and reversion of the property. Adopting the principles in Woburn Estate Ltd v Margaret Bashforth on the court's contempt powers, and Miguna v ODPP and Eliud Muturi Mwangi on discretionary remedies, the court declined a fine or custodial sentence and instead directed the contemnors to purge the contempt by re-fixing the access road in line with the demarcation maps, to the petitioner's satisfaction, and to bear the costs of restoring the fence upon assessment by a qualified expert. The judgment illustrates the court's restorative approach to sentencing in contempt and its insistence on practical compliance with orders pending determination of the substantive petition.
Key legal issues
#01
Appropriate sanction for established contempt of court
Holding
The court may, in lieu of fine or imprisonment, direct the contemnors to purge the contempt by positive restorative action
Reasoning
Citing Woburn Estate Ltd v Margaret Bashforth, the court reaffirmed its contempt powers and the sentencing options of fine, custody or both. Drawing on Miguna v ODPP and Eliud Muturi Mwangi, it exercised discretion to order restorative compliance: the public servants, being remorseful first offenders, should re-fix the access road per demarcation maps and bear fence restoration costs.
p. 2
Legal principles established
#- The Environment and Land Court has power to punish for contempt under the ELC Act, High Court (Organization and Administration) Act, Civil Procedure Act, Judicature Act and Civil Procedure Rules
- Consequences of contempt include a fine, custodial sentence, or both, and the court may direct the contemnor to take positive action to purge the contempt
Court orders
#- 1.The contemnors to purge the contempt by re-fixing the access road in line with the demarcation maps to its designated position and to the satisfaction of the petitioner
- 2.Costs for the restoration of the fence to be met by the contemnors upon assessment by a qualified expert
- Jurisdiction invoked
- Contempt jurisdiction under section 29 Environment and Land Court Act, sections 35 and 36 High Court (Organization and Administration) Act, section 63(e) Civil Procedure Act, section 5 Judicature Act, Order 40 rule 3 Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’Liria v Land Adjudication Officer, Amungenti “A” Ajudication & Settlement Section & 2 others", Case Analysis (2022). Constitutional Petition E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13522/eng@2022-10-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.