Lorkoyo & another v Lorkoyo (Environment and Land Appeal E002 of 2024) [2025] KEELC 4835 (KLR)
The bottom line
#Kenya's Environment and Land Court in Narok overturned a contempt conviction, ruling that disobeying a court order must be proven to a near-criminal standard, not just on probabilities.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent proved deliberate breach of the order of 17th August 2023 to the required standard
The trial court erred in finding the Appellants in contempt; the Respondent failed to prove on the required standard that the alleged activities occurred on parcel 555 rather than 558, or that the Appellants deliberately breached the order
The court re-evaluated the evidence on a first appeal. The Respondent relied on photographs without independent evidence from the Land Registrar or Surveyor confirming activities were on parcel 555, and no eye witness identified the Appellants as the actors. Given the quasi-criminal nature of contempt and the liberty at stake, the allegations required proof beyond mere allegations, at a standard higher than balance of probabilities.
Service and knowledge of the court order
Service and knowledge of the order issued on 17th August 2023 were not in dispute, as it was issued in the presence of counsel for the Appellants and allegedly served through the area Chief
The order of 17th August 2023 was issued in the presence of Mr Kamwaro for the Defendants/Respondents. Service was allegedly effected through the Chief of Empatipat location; the Appellants did not include the OB abstract and annextures in the Record of Appeal, so the appellate court could not dispute service.
Whether the appeal court should direct amendment of the RIM at this stage
No; such an order cannot issue at the interlocutory stage and must await the main trial
The Appellants sought an order that the District Surveyor amend the RIM per the District Land Registrar's recommendations of 16th December 2020. The court held that this substantive relief cannot be granted at the interlocutory stage and left it for determination at the main trial after inter-partes hearing.
Legal principles established
#- The standard of proof in contempt proceedings is higher than a balance of probabilities but short of beyond reasonable doubt, being quasi-criminal in nature
- Elements of civil contempt: clear and unambiguous order, knowledge or notice of the order, breach of the order, and deliberate conduct
- A first appellate court must re-evaluate and re-consider the evidence and arrive at its own independent conclusion
Court orders
#- 1.Appeal allowed as per the Memorandum of Appeal dated 11th March 2024
- 2.Ruling of the trial court delivered on 16th February 2024 and all consequential orders set aside
- 3.Refusal to order the District Land Surveyor to amend the RIM at this interlocutory stage; matter to proceed to main trial before the trial court
- 4.Appellants awarded costs of the Appeal and costs at the lower court
- On appeal from
- Narok Chief Magistrate's Court (ELC)
- Narok CMC ELC No 109 of 2019
- Jurisdiction invoked
- Sections 65 and 78 of the Civil Procedure Act (first appeal); appeal admitted under Section 79B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lorkoyo & another v Lorkoyo (Environment and Land Appeal E002 of 2024) [2025] KEELC 4835 (KLR)", Case Analysis (2025). Narok CMC ELC No 109 of 2019 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4835/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.