Dembena International Limited v National Land Commission; National Bank of Kenya (Garnishee) (Enviromental and Land Originating Summons E005 of 2023) [2025] KEELC 4396 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether contempt proceedings against NLC officers were premature for non-compliance with Section 21 of the Government Proceedings Act and Order 29 Rule 2(2)(c) of the Civil Procedure Rules
Yes - contempt proceedings were premature as the Decree holder had not exhausted the statutory execution procedure
The court noted the NLC is a government entity under Article 260 of the Constitution. Section 21 prescribes the exclusive mode of executing decrees against government: certificate of order, service on the Attorney-General, payment by the Accounting Officer. Since the Decree holder did not dispute non-adherence to that procedure, contempt could not yet lie; willful disobedience could not be established where the statutory route to mandamus had not been followed.
Whether the Garnishee Order Nisi issued on 7th November 2024 should be set aside
Yes - the Order Nisi was incompetent, null and void because garnishee proceedings do not apply in execution against the Government
Relying on Section 21(4) of the Government Proceedings Act, Five Star Agencies (Court of Appeal) and Tom Ojienda & Associates v Nairobi City County, the court held that Order 23 of the Civil Procedure Rules does not apply to execution against State organs. The rationale of protecting public coffers applied even where the NLC held funds for project affected persons; the funds still emanate from public sources. The Order Nisi was therefore set aside and the Garnishee released.
Legal principles established
#- No execution or attachment, including garnishee proceedings, may issue against the Government except in strict compliance with Section 21 of the Government Proceedings Act
- Contempt proceedings against government officers cannot be initiated before the Section 21 procedure (certificate of order, mandamus) is exhausted
Court orders
#- 1.The Decree holder's Notice of Motion dated 5th November 2024 (garnishee order absolute) is disallowed/dismissed
- 2.The Decree holder's Notice of Motion dated 13th November 2024 (contempt citations) is disallowed/dismissed
- 3.The Judgement debtor's Notice of Motion dated 15th November 2024 is allowed
- 4.The Garnishee Order Nisi issued on 7th November 2024 is set aside as incompetent, null and void, and the Garnishee is released
- 5.Each party to bear their own costs of the three applications
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over execution/contempt applications arising from its own decree, including the garnishee applications and the application to set aside the Order Nisi
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dembena International Limited v National Land Commission; National Bank of Kenya (Garnishee) (Enviromental and Land Originating Summons E005 of 2023) [2025] KEELC 4396 (KLR)", Case Analysis (2025). Not stated in the ruling (three Notices of Motion dated 5th November 2024, 13th November 2024 and 15th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4396/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.