African Gas and Oil Limited v Kahia Transporters Limited & 6 others; County Government of Mombasa & 2 others (Interested Parties) (Environment & Land Case E012 & E004 of 2023 (Consolidated)) [2025] KEELC 3139 (KLR)
The bottom line
#The Environment and Land Court in Mombasa set aside contempt orders made against Kahia Transporters because the company was never heard before being condemned.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders of 22nd October 2024 finding the Applicant in contempt could be reviewed and set aside
Yes - the Court found an error apparent in condemning the Applicant unheard in proceedings of a criminal character and vacated the contempt orders, freeing the Applicant from civil jail liability
The Court reviewed the statutory framework in Section 80 of the Civil Procedure Act and Order 45 Rule 1, and the case law restricting review to specific grounds. It accepted that the Applicant's advocate mis-diarised the hearing date and miscounted the filing window, so the contempt finding was made without hearing the Applicant. Because contempt is quasi-criminal, the applicable standard of proof is strict; condemning a party unheard offended the right to a fair hearing under Articles 25 and 50. The tendered reason was therefore sufficient to vacate the orders.
Costs of the application
No orders as to costs
The Court restated that costs follow the event under Section 27(1) of the Civil Procedure Act, citing Supreme Court decisions, but in its discretion declined to award costs on this interlocutory application given the conflicting positions of the parties.
Legal principles established
#- Contempt of court is quasi-criminal in nature and guilt must be proved to a standard higher than a balance of probabilities, consistent with the gravity of the charge
- Review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 is discretionary and confined to discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason, without unreasonable delay
- A party should not be made to suffer for the mistake or oversight of its advocate
- Costs follow the event under Section 27(1) of the Civil Procedure Act, but the award is a discretion of the Court
Court orders
#- 1.The Notice of Motion application dated 30th October 2024 is found to have merit and is allowed in its entirety
- 2.The Court's orders dated 22nd October 2024 are stayed and the subsequent orders for mitigation and sentencing scheduled for 25th November 2024 are discharged
- 3.The Court's orders dated 22nd October 2024 are reviewed, varied and/or set aside and the Respondent's Application dated 4th October 2024 is to proceed to be heard and determined on merit
- 4.The 1st Defendant/Applicant is granted 14 days leave to file its substantive responses to the Respondent's Application dated 4th October 2024
- 5.The matter to be mentioned on 29th April 2025 before Hon. Mr. Justice Olola for directions on disposal of the application dated 4th October 2024
- 6.There are no orders as to costs
- Jurisdiction invoked
- Articles 10, 25(d), 47, 48, 50 & 159(2)(d) of the Constitution of Kenya, 2010; Sections 4(1) and (2) Fair Administrative Action Act, 2015; Sections 1A, 1B, 3, 3A & 80 of the Civil Procedure Act, Cap. 21; Order 45 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "African Gas and Oil Limited v Kahia Transporters Limited & 6 others; County Government of Mombasa & 2 others (Interested Parties) (Environment & Land Case E012 & E004 of 2023 (Consolidated)) [2025] KEELC 3139 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3139/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.