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ELCDismissedNot stated in the judgment (Notice of Motion dated 29th November 2024)· [2025] KEELC 1399 (KLR)

Kamiri v Nairobi City County & another (Environment & Land Case E404 of 2024) [2025] KEELC 1399 (KLR)

Environment and Land Court
13 March 2025
4,089 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Nairobi landowner who accused his opponents of demolishing his house lost his contempt case because he could not prove who did it.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Godfrey Githinji Kamiri, moved the court by Notice of Motion dated 29th November 2024 under Sections 1A, 1B and 3A of the Civil Procedure Act and Section 13 of the Environment and Land Court Act, seeking committal to civil jail of Lydia Mathia (County Chief Officer Housing and Urban Renewal, Nairobi County) and Kenyanjui Wainaina and Wanjiru Ndungu (directors of Africa Reit Limited) for contempt of status quo orders issued on 9th October 2024 and extended on 14th November 2024. The Applicant alleged that in the early hours of 19th November 2024 the contemnors brought bulldozers and demolished his house of 22 years on the suit property, LR No. 209/13539/79 (Bungalow 15), Woodley/Joseph Kangethe Estate. The 2nd Respondent denied the demolition, disputed the Applicant's title and occupation, contended its directors were not personally served, and argued the Applicant bore the burden of proving wilful disobedience. The court framed a single issue: whether the Respondents were in contempt of the 9th October 2024 order. It found the order's terms clear and binding and that the Respondents had knowledge of them, their counsel having appeared and opposed extensions. However, applying the elements in Samuel M.N. Mweru and Gatharia K. Mutikika, and the elevated standard of proof in contempt proceedings, the court held the Applicant failed to prove deliberate disobedience: the photographs were undated and unverified and no evidence tied the Respondents to the demolition. The application was dismissed with costs on 13th March 2025.

Key legal issues

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01

Whether the terms of the order of 9th October 2024 were clear and unambiguous

Holding

The court found the terms of the status quo order clear, unambiguous and binding on the Respondents

Reasoning

The court examined the order of 9th October 2024 which directed that status quo prevailing as at that date pertaining to title, use and occupation of the suit property be maintained until the next mention. A penal notice followed the order. The court concluded the order was unambiguous and binding on the Respondents.

p. 7
02

Whether the Respondents had knowledge of or notice of the order

Holding

The court was satisfied the Respondents were aware of the terms of the order, since their counsel was present when extensions were sought and opposed them

Reasoning

Counsel for the 2nd Respondent was present in court on 7th November 2024 when the interim orders were extended, and on 14th November 2024 both Defendants' counsel opposed the extension of the orders, which were extended to 16/12/2024. Their participation demonstrated knowledge of the orders.

p. 8
03

Whether the Respondents deliberately breached the order

Holding

The Applicant failed to discharge the burden of proving deliberate and wilful disobedience; the application was dismissed

Reasoning

Contempt being quasi-criminal, the Applicant had to prove wilful and deliberate disobedience to a standard higher than balance of probabilities. The photographs annexed were not shown to relate to the suit property or when taken, and no evidence established that the Respondents or their agents demolished the house. The directors, however, were properly cited since the deponent confirmed she was the operations manager.

p. 9

Legal principles established

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  • To succeed in civil contempt, an applicant must prove the terms of the order, the respondent's knowledge of those terms, failure to comply, and that the breach was deliberate, to a standard higher than balance of probabilities
  • Every person against whom a court order is made is obliged to 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.The application dated 29th November 2024 is dismissed with costs
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Section 13 of the Environment and Land Court Act

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, "Kamiri v Nairobi City County & another (Environment & Land Case E404 of 2024) [2025] KEELC 1399 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 29th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1399/eng@2025-03-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.