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ELCDismissedELC JR E009 of 2023 (Kajiado)· [2025] KEELC 4504 (KLR)

Moror & 9 others v Chairman Kajiado County Land Board & 3 others; Kironua & 9 others (Interested Parties) (Judicial Review 968 of 2017) [2025] KEELC 4504 (KLR)

Environment and Land Court
12 June 2025
2,218 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused to overturn a contempt finding, ruling the applicant's claims of not being heard were false and his application an abuse of process.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (L. Komingoi J) determines a Notice of Motion dated 15th April 2024 by the 2nd Ex Parte Applicant, Ntuiyoto Maraswa, seeking to stay sentencing on a Notice to Show Cause for contempt and to set aside the court's order of 13th July 2023 finding him in contempt of orders issued on 16th November 2016 in judicial review proceedings concerning Mailua Group Ranch documents. The Applicant argued he was never served with the contempt application dated 19th December 2016, was condemned unheard contrary to Articles 48 and 50 of the Constitution, and that the Replying Affidavit filed on his behalf was neither instructed nor signed by him. The Interested Parties opposed, asserting the Applicant was represented throughout by Mr. Nyaberi of M/s Omwoyo, Momanyi & Gichuki Advocates, who filed a Replying Affidavit and made submissions on 15th March 2023 before the contempt ruling was rendered. The court, adopting the Supreme Court's guidance in Githiga v Kiru Tea Factory that contempt proceedings are quasi-criminal and demand procedural fairness and a higher standard of proof, nonetheless found on the court record that the Applicant duly participated in the contempt proceedings. It held his affidavit was replete with falsehoods and the motion an abuse of the court process. The application was dismissed with costs to the Interested Parties.

Key legal issues

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01

Whether the Applicant was denied a fair hearing through lack of service and an unauthorised Replying Affidavit

Holding

The court held the Applicant was duly served and represented; his claim of procedural injustice was false and the application abusive

Reasoning

The court traced the history of the contempt application on the court file and found the Applicant had participated in the Notice of Motion dated 19th December 2016, appearing through Mr. Nyaberi who submitted on his behalf on 15th March 2023 before the Ruling was rendered. His sworn allegations of non-service and a forged signature were found to be falsehoods, rendering the application an abuse of process unworthy of setting aside the contempt ruling.

p. 5
02

What procedural safeguards apply in contempt proceedings

Holding

Contempt being quasi-criminal, courts must observe natural justice and give the alleged contemnor full opportunity to defend himself; proof must leave no doubt as to culpability

Reasoning

Relying on the Supreme Court's decision in Githiga & 5 others v Kiru Tea Factory Company Ltd, the court affirmed that because liberty is at stake, contempt procedures must be fair and reasonable and the standard of proof higher than in normal civil cases. However, these safeguards were not violated here since the Applicant participated throughout.

p. 5

Legal principles established

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  • Contempt proceedings are quasi-criminal and require adherence to natural justice, procedural fairness and a fair hearing
  • Procedures for enforcing compliance with court orders must give an alleged contemnor a full opportunity to defend himself, and contempt requires a higher standard of proof than ordinary civil cases

Court orders

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  1. 1.The Notice of Motion dated 15th April 2024 is dismissed with costs to the Interested Parties
Jurisdiction invoked
Articles 50 and 159 of the Constitution; Sections 1A and 3A of the Civil Procedure Act; Sections 3 and 13 of the Environment and Land Court Act; Orders 10, 12 and 51 of the Civil Procedure Rules

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, "Moror & 9 others v Chairman Kajiado County Land Board & 3 others; Kironua & 9 others (Interested Parties) (Judicial Review 968 of 2017) [2025] KEELC 4504 (KLR)", Case Analysis (2025). ELC JR E009 of 2023 (Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4504/eng@2025-06-12

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