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ELCDismissedNot stated in judgment· [2025] KEELC 4089 (KLR)

Vros Produce Limited v Mwawthethe & 14 others; Shera & 2 others (Contemnor) (Environment & Land Case 2 of 2023) [2025] KEELC 4089 (KLR)

Environment and Land Court
29 May 2025
EME. K. Makori
1,032 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed a contempt application because the people accused of disobeying orders were never parties to the case and were never properly served.

What this practically means

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Executive summary

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The applicant filed a Notice of Motion dated February 24, 2025 under a Certificate of Urgency seeking sanctions against Dennis Chamoto, Maghanga Ruwange (also known as Shaban) and Abdalla Sala for disobeying the court's directives of 7th March 2023, including warrants of arrest, commitment to civil jail for up to six months, or alternatively a fine of KShs 20 million, plus costs. The application was supported by an affidavit of John Nganga; the alleged contemnors opposed it through a replying affidavit of Dennis Chamoto Shera, asserting they were never served and were not parties to the proceedings. The court framed two issues: liability for contempt and costs. Applying Section 29 of the Environment and Land Court Act and the Supreme Court's guidance in Republic v Ahmad Abolfathi Mohammed & Another that committal must be a last resort and willfulness must be established, the court found the motion failed on two grounds. First, the alleged contemnors were neither parties to the suit nor shown to have any interest in the property; the applicant had never sought leave to join them, and the photographic annexures lacked probative value, disclosing no date, time or nexus to the contemnors. Second, service of the orders was disputed and unproved: the affidavit of service of Alex Nzuki was not on file, and the subsequent affidavit failed to meet Order 5 requirements for personal service, as it did not confirm the date, time and physical address of each contemnor. The court dismissed the application dated February 24, 2025 with costs to the alleged contemnors. Judgment delivered virtually in Malindi on May 29, 2025 by E. K. Makori, J.

Key legal issues

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01

Whether the alleged contemnors, who were not parties to the main suit, could be punished for breaching the interim orders of 7th March 2023

Holding

The application failed because the contemnors were not parties to the suit, and the applicant never sought to join them

Reasoning

The court held that an order binds only the party to whom it is directed. The alleged contemnors denied any beneficial or registered interest in the suit property, and the photographic annexures lacked probative value as they were undated and established no nexus between the contemnors and the property. The applicant had also never sought leave to join them to the main suit, an anomaly fatal to the motion.

p. 3
02

Whether service of the orders of 7th March 2023 was proved

Holding

Service was not proved; the affidavit of service did not comply with Order 5 of the Civil Procedure Rules

Reasoning

The affidavit of service sworn by Alex Nzuki dated 17th January 2025 was not on record, and the subsequent affidavit of 11th March 2025 failed to confirm the date, time and physical address of each contemnor, so the requirement of personal service was not met and contempt could not be established.

p. 3

Legal principles established

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  • A court order binds only the party to whom it is directed and remains valid until set aside; a person who is not a party or privy to the orders cannot be held liable for contempt
  • Personal service of a court order must comply with Order 5 of the Civil Procedure Rules, confirming the date, time and physical address of the person served

Court orders

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  1. 1.The application dated 24 February 2025 is dismissed
  2. 2.Costs awarded to the alleged contemnors

Authorities

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Legislation

  • Environment and Land Court ActSection 29
  • Civil Procedure RulesOrder 5

Cases cited (1)

  • Republic v Ahmad Abolfathi Mohammed & Another
    [2018] eKLR
Jurisdiction invoked
Section 29 of the Environment and Land Court Act (contempt powers of the Court)

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, "Vros Produce Limited v Mwawthethe & 14 others; Shera & 2 others (Contemnor) (Environment & Land Case 2 of 2023) [2025] KEELC 4089 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4089/eng@2025-05-29

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