Baboon Project Kenya v County Government of Nakuru & 2 others (Environment & Land Petition E004 of 2024) [2025] KEELC 598 (KLR)
The bottom line
#Nakuru's Environment and Land Court fined the County Government and its water company Sh2 million for ignoring court orders protecting Lake Nakuru, giving them six months to comply.
What this practically means
#Executive summary
#Key legal issues
#Existence and clarity of the court order
The order of 26th September 2024 was clear and unambiguous and remained uncomplied with
The court revisited the judgment, confirming it had granted a mandatory injunction to find alternative disposal sites, a restoration order, and a permanent injunction against refuse disposal into the Lake Nakuru Basin, and found the orders clear and capable of obedience.
Knowledge of the order
Both respondents were at all times aware of the order, evidenced by service of a certified copy and their intimation of appeal
Personal knowledge of the order is a prerequisite to a contempt finding. The order was made in open court in the presence of the parties, a certified copy was served, a decree was extracted and served, and the respondents themselves indicated they had appealed.
Proof of breach to the contempt standard
Photographic and video evidence sufficiently proved willful and deliberate disobedience
Although the photographs were undated, the author signed a certificate of electronic evidence explaining how they were taken, establishing they depicted the lake. The images showed continued disposal of what appeared to be toxic waste despite the subsisting orders, meeting the heightened standard of proof consistent with the gravity of contempt.
Legal principles established
#- The standard of proof in contempt is higher than a balance of probabilities, almost but not exactly beyond reasonable doubt, and disobedience must be willful and intentional
- Every person against whom a court order is made must obey it unless and until it is discharged, even if they believe it to be irregular or void
Court orders
#- 1.A finding that the 1st and 2nd respondents are in contempt of the court orders issued on 26th September 2024
- 2.The 1st and 2nd respondents jointly fined Ksh 2,000,000 (two million Kenya shillings only)
- 3.The respondents ordered to comply with the orders of the court within a period of 6 months
- 4.Liberty to apply
- Jurisdiction invoked
- Inherent contempt jurisdiction of the Environment and Land Court to enforce its own orders of 26th September 2024 in ELC Petition E004 of 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Baboon Project Kenya v County Government of Nakuru & 2 others (Environment & Land Petition E004 of 2024) [2025] KEELC 598 (KLR)", Case Analysis (2025). ELC Petition E004 of 2024 (contempt application dated 11th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/598/eng@2025-02-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.