Mavoko Land Development Co Ltd v Kasina Housing Scheme Society & 4 others; Thuo (Director of Surveys) & 3 others (Contemnor) (Environment & Land Case 366 of 2009) [2024] KEELC 7328 (KLR)
The bottom line
#A Kenyan court found three officials guilty of disobeying a 2019 land judgment and ordered government agencies to finally enforce it, with sentencing to follow.
What this practically means
#Executive summary
#Key legal issues
#Whether the Contemnors should be cited for contempt of the Judgment of 31st May, 2019 and Decree of 18th October, 2019
The 1st, 3rd and 4th Contemnors were held guilty of contempt; the 2nd Contemnor was acquitted for lack of knowledge of the judgment at the material time.
The 1st Defendant's title had been declared fake, null and void, and the judgment had never been appealed or reviewed. The 1st, 3rd and 4th Contemnors were officials of the 1st Defendant, aware of the judgment, yet proceeded with a resurvey of the Plaintiff's land, demonstrating willfulness and mala fides. The 2nd Contemnor was not a party, only provided security at the Director of Surveys' request, and learnt of the judgment only after the survey, so the knowledge element was not proved beyond reasonable doubt.
Whether the Director of Surveys and Chief Land Registrar should be directed to implement the 2019 Judgment and Decree by re-surveying and showing beacons
The Director of Surveys and Chief Land Registrar were directed to implement the judgment and decree and file reports in court within 60 days.
The 2019 Judgment declared the 1st Defendant's title fake, null and void, quashed the earlier re-survey, and directed restoration of L.R. No. 25062 per Deed Plan No. 231422. Since the judgment was unappealed and remains valid, implementation orders, plus police security for the Plaintiff to erect beacons and fence, were necessary to give effect to the decree.
Legal principles established
#- Elements of civil contempt: the applicant must prove the terms of the order were clear and unambiguous and binding, knowledge/notice of the order, breach, and deliberate conduct, to the criminal standard.
- A person not a party against whom a judgment or order may be enforced is liable to the same process of enforcement as if he were a party.
- The consequence of a finding of contempt is penal and the standard of proof is beyond reasonable doubt.
- Under section 29 of the Environment and Land Court Act, disobedience of a court order is an offence punishable by a fine not exceeding twenty million shillings or imprisonment not exceeding two years, or both.
Court orders
#- 1.The Director of Surveys and the Chief Land Registrar be and are hereby directed to implement the Judgement of this Court dated the 31st May, 2019 and the resultant Decree issued 18th October, 2019 and file their reports in court within sixty (60) days from the date hereof.
- 2.In compliance with the Judgement dated 31st May, 2019 and Decree issued on 18th October, 2019, the OCS Mlolongo Police Station be and is hereby ordered to provide security for the Plaintiff to put up permanent beacons and the fence on its boundary as decreed.
- 3.The 1st, 3rd and 4th Contemnors be and are hereby cited for contempt of this Court's Judgement dated the 31st May, 2019 and consequential Decree issued on 18th October, 2019.
- 4.This matter to be mentioned on 22nd January, 2025 for sentencing of the Contemnors.
- 5.Costs of the application awarded to the Plaintiff.
- Jurisdiction invoked
- Section 29 of the Environment and Land Court Act; supervisory/enforcement jurisdiction over its own Judgment dated 31st May, 2019 and Decree issued 18th October, 2019
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mavoko Land Development Co Ltd v Kasina Housing Scheme Society & 4 others; Thuo (Director of Surveys) & 3 others (Contemnor) (Environment & Land Case 366 of 2009) [2024] KEELC 7328 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7328/eng@2024-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.