King’ori v Oloo & another (Applying as legal administrators of the Estate of the Late Oloo Agoro Oloo) (Environment and Land Appeal 4 of 2019) [2025] KEELC 158 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that ignoring a court order you know about is contempt, and the appellant lost and must pay costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant was properly held in contempt of the orders of 17th January, 2018
The appeal failed; the trial court properly found contempt since service was effected on the Appellant's advocate and pictorial and video evidence showed continued construction despite the restraining order
The court restated that contempt is quasi-criminal and requires proof of willful and deliberate disobedience, and that the contemnor must have knowledge of the order. Service was effected on the Appellant's advocate on 19th January, 2018 with acknowledgment, and the order was pinned at the premises. Photos and a video clip of 5th August, 2018 showed workers erecting structures. The court found service legally and properly done and refused to fault the trial court.
Costs of the appeal
Costs follow the event under Section 27(1) of the Civil Procedure Act; the Respondents were awarded costs
The court applied the proviso to Section 27(1) of the Civil Procedure Act that costs follow the event. Having failed to establish his claim on appeal, the Appellant was ordered to bear the Respondents' costs of the appeal.
Legal principles established
#- Contempt of court is in the nature of criminal proceedings and the standard of proof is higher than the balance of probability; the contemnor must have knowledge of the order and willfully and deliberately disobey it
- The duty of a first appellate court is to reconsider and evaluate the evidence and draw its own conclusions while making due allowance for not having seen or heard the witnesses
Court orders
#- 1.The appeal filed through a Memorandum of Appeal dated 15th February, 2019 and a Record of Appeal dated 26th July, 2024 be and is hereby found to lack merit and hence it is dismissed in its entirety with costs
- 2.The Honourable Court reserves the right and discretion to uphold the Ruling and Order of the Principal Magistrate delivered on 13th February, 2019
- 3.The Respondents shall have the costs of the appeal to be borne by the Appellant
- On appeal from
- Principal Magistrate's Court, Mombasa
- CMCC (Mombasa) Land Case No. 41 of 2018
- Jurisdiction invoked
- First appeal under Sections 79B & G of the Civil Procedure Act Cap. 21 and Order 42 Rules 16, 17 and 18 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "King’ori v Oloo & another (Applying as legal administrators of the Estate of the Late Oloo Agoro Oloo) (Environment and Land Appeal 4 of 2019) [2025] KEELC 158 (KLR)", Case Analysis (2025). Mombasa CMCC Land Case No. 41 of 2018 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/158/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.