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ELCAllowed· [2025] KEELC 3207 (KLR)

Owino v Siololo & 4 others (Environment & Land Case E007 of 2024) [2025] KEELC 3207 (KLR)

Environment and Land Court
8 April 2025
4,067 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 Narok court found three land defendants in contempt of an injunction and ordered them to pay Sh300,000 compensation plus costs — ignoring court orders is expensive.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Rhoda Kuusa Owino, moved the Environment and Land Court at Narok by a Notice of Motion dated 21st November 2024 seeking a finding that the 1st to 3rd Defendants were in contempt of injunction orders of 26th September 2024 (extracted on 9th October 2024 with a penal notice), their committal to civil jail for up to six months, compensation of the loss occasioned, and costs. She averred that despite knowledge of the orders — their advocate having attended the ruling and a process server, John Mwangi Hinga, having effected personal service — the Defendants drove away her cattle, denied her and her employees access to the suit parcels, and stationed armed goons on the land. The 1st Defendant, in a replying affidavit, denied breaching the orders, disputed the clarity of the photographs, and contended that contempt, being criminal in nature, required proof to a higher standard. The Defendants filed no submissions. The court, applying Samuel M. N. Mweru v National Land Commission, held that a clear and unambiguous order existed, service was proved and undisputed, and the Defendants had produced no contrary evidence of compliance, nor had they appealed the order, having instead filed applications seeking status quo. Finding contempt established, the court allowed the application entirely in terms of prayers 2, 3 and 4, directed the Defendants to purge the contempt on pain of punishment, awarded compensation of Ksh 300,000/=, and awarded costs to the Applicant.

Key legal issues

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01

Existence of a valid, unambiguous order capable of being obeyed

Holding

The court found the temporary injunction orders of 26th September 2024, issued 9th October 2024 with a penal notice, were clear and unambiguous and capable of execution

Reasoning

The court reviewed the ruling of 26th September 2024 and the order extracted on 9th October 2024 bearing a penal notice. No complaint of ambiguity was raised by the Defendants. The prerequisite of a clear and unambiguous order binding on the respondents was therefore satisfied.

02

Service and knowledge of the order

Holding

Service was proved by the affidavit of process server John Mwangi Hinga, was not disputed, and the Defendants also participated in the inter-parties hearing that produced the orders

Reasoning

The presumption arising from a process server's affidavit of service stands absent contest, per Shadrack Arap Baiywo v Bodi Bach. The Defendants' participation in the inter-parties hearing of the injunction application independently established their knowledge of the orders.

p. 7
03

Whether the Defendants breached the order

Holding

The Defendants were in contempt; they did not deny disobedience but only disputed the photographs, and filed no contrary evidence

Reasoning

The Applicant attached photographs showing the Defendants and goons invading the land and driving away her cattle and employees. The Defendants, though filing a replying affidavit denying the allegations, produced no contrary evidence. Unrebutted allegations of continued interference with the suit properties established breach of the injunction.

p. 8
04

Compensation and costs

Holding

The uncontroverted claim of Ksh 300,000/= for fodder purchased was awarded, and the Applicant was entitled to costs

Reasoning

Having found contempt, the court awarded the compensation sought on the basis that the Defendants did not dispute the Ksh 300,000/= claim in submissions, and applied the principle that costs follow the event against contemnors.

p. 8

Legal principles established

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  • To succeed in civil contempt the applicant must prove the terms of the order, knowledge of those terms by the respondent, and failure to comply; willfulness and bad faith are then inferred unless rebutted
  • A party who knows of a court order, whether null or valid, regular or irregular, cannot be permitted to disobey it; the remedy is to apply to discharge it
  • Compliance with a court order is not optional even where review, variation or appeal is intended

Court orders

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  1. 1.Finding that the 1st, 2nd and 3rd Defendants/Respondents are in contempt of the court orders given on 26th September 2024
  2. 2.The Defendants to purge the contempt, and in default be punished as provided by law (application allowed in terms of prayers 2, 3 and 4)
  3. 3.Compensation of Ksh 300,000/= to the Plaintiff/Applicant for loss incurred due to contempt of the orders of 26th September 2024
  4. 4.Costs of the application borne by the 1st, 2nd and 3rd Defendants/Respondents

Authorities

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Legislation

  • Judicature ActSection 5(1)
  • Environment and Land Court ActSection 29
  • England Supreme Court Practice RulesOrder 52 rule 3(1)

Cases cited (12)

  • Nabro Properties vs Sky Structures Ltd & 2 others
    (2002) eKLR
  • Edia Atieno Muga vs Peter Akoth Alingo
    Nairobi Court of Appeal No. 14 of 2017
  • Chuck vs Creamer
    (1846) 1 Coop Temp, Cott, 205; 47 ER 820
  • Teachers Service Commission vs Kenya National Union of Teachers & 2 others
    (2013) eKLR
  • Mutitika vs Baharini Fram Ltd
    (1985) KLR 229
  • Samuel M. N. Mweru & Others vs National Land Commission & 2 others
    [2020] eKLR
  • Hadkinson vs Hadkinson
    (1952) All ER 567
  • Shadrack Arap Baiywo vs. Bodi Bach
    [1987] eKLR
  • Woburn Estate Limited vs Margaret Bashforth
    [2016] eKLR
  • Refrigeration and Kitchen Utensils Ltd v Gulabchand Popatlal Shah & Another
    Nairobi Civil Application No.39 of 1990
  • Kenya Tea Growers Association vs Francis Atwoli and 5 Others
    (2012) eKLR
  • Clarke and Others vs Chadburn & Others
    [1985] 1 All E.R (PC), 211
Jurisdiction invoked
Section 5(1) of the Judicature Act and Section 29 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, "Owino v Siololo & 4 others (Environment & Land Case E007 of 2024) [2025] KEELC 3207 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3207/eng@2025-04-08

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