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ELCPartially AllowedELC Petition E004 of 2024 (contempt application dated 11th November 2024)· [2025] KEELC 598 (KLR)

Baboon Project Kenya v County Government of Nakuru & 2 others (Environment & Land Petition E004 of 2024) [2025] KEELC 598 (KLR)

Environment and Land Court
17 February 2025
2,673 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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Baboon Project Kenya, the applicant in ELC Petition E004 of 2024 (Nakuru, Environment and Land Court), sought leave to effect substituted service on Susan Kihika (Governor of the 1st respondent, County Government of Nakuru) and James Nga'ng'a Gachathi (Managing Director of the 2nd respondent, Nakuru Water & Sanitation Services Co. Ltd) and their committal to prison for six months for disobeying the court's judgment of 26th September 2024, which permanently restrained refuse disposal into the Lake Nakuru Basin, compelled the respondents to find alternative disposal sites for toxic chemicals and industrial wastes, and issued an environmental restoration order. The applicant relied on photographs and video evidence of continued dumping. The 2nd respondent denied mandate over solid and toxic waste, describing itself as a licensed water services provider under the Water Act, 2016; the 1st respondent's County Secretary contended that the 2nd respondent operates independently and that contempt proceedings require strict procedure and a heightened standard of proof. Justice Antony O. Ombwayo applied Econet Wireless, Gatharia K. Mutikika, Oilfield Movers and Indian authorities, holding that the orders were clear and unambiguous, the respondents knew of them (they had appealed), and the photographic and video evidence, supported by a certificate of electronic evidence, proved willful and deliberate disobedience to the required standard. The court found both respondents in contempt, jointly fined them Ksh 2,000,000, ordered compliance within six months, and granted liberty to apply. Committal to prison was not imposed.

Key legal issues

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01

Existence and clarity of the court order

Holding

The order of 26th September 2024 was clear and unambiguous and remained uncomplied with

Reasoning

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.

p. 3
02

Knowledge of the order

Holding

Both respondents were at all times aware of the order, evidenced by service of a certified copy and their intimation of appeal

Reasoning

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.

p. 5
03

Proof of breach to the contempt standard

Holding

Photographic and video evidence sufficiently proved willful and deliberate disobedience

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.A finding that the 1st and 2nd respondents are in contempt of the court orders issued on 26th September 2024
  2. 2.The 1st and 2nd respondents jointly fined Ksh 2,000,000 (two million Kenya shillings only)
  3. 3.The respondents ordered to comply with the orders of the court within a period of 6 months
  4. 4.Liberty to apply

Authorities

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Legislation

  • Water Act
  • Water Act, 2016
  • Water Act, 2002

Cases cited (5)

  • Econet Wireless Kenya Limited Vs Minister For Information And Communication Of Kenya Authority
    [2005] eKLR
  • T.N Gadavarman Thiru Mulpad v Ashok Khot and anor
    [2005] 5 SCC
  • Gatharia K. Mutikika – vs Baharini Farm Ltd
    [1985] KLR 227
  • Oilfield Movers Ltd – Vs – Zahara Oil & Gas Limited
    [2020] eKLR
  • Mahinderjit Singh Bitta – Vs Union Of India & Others
    1A NO 100 OF 201O
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

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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, "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.