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ELCPartially AllowedNakuru ELCPET/2/2023 (application dated 10th April, 2025)· [2025] KEELC 4978 (KLR)

Omusundi v Ethics and Anti-Corruption Commission & 2 others (Environment and Land Petition E002 of 2023) [2025] KEELC 4978 (KLR)

Environment and Land Court
3 July 2025
AOAntony O. Ombwayo
1,499 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Nakuru court jailed a woman for building on land she had been ordered not to touch, confirming that ignoring land orders carries real prison or fine consequences.

What this practically means

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Executive summary

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The 3rd interested party, John Mwangi Karanja, applied by notice of motion dated 10th April, 2025 for orders that the 1st interested party, Susan (officially Caroline) Kiprono, be committed to civil jail or her property attached for contempt of the orders and judgment delivered on 27th September, 2024 in Nakuru ELCPET/2/2023, in which the court found the suit land belonged to the Respondent and restrained the 1st interested party from acting as landlord, collecting rent, threatening or evicting tenants. The applicant alleged that despite service of the order via WhatsApp, the 1st interested party continued construction, subdivided the property, ran a garage, and collected rent. She replied that the judgment concerned ownership only, that an appeal was pending, and sought a stay pending a related application, which she did not oppose on the merits; she did not deny the construction. The court framed a single issue: whether the 1st interested party was in contempt. Applying the four-element test from North Tetu Farmers Co. Ltd v Joseph Nderitu Wanjohi (clarity of the order, notice, breach, and deliberateness) and section 29 of the Environment and Land Court Act, the court found the order clear, served and known, and held that the construction amounted to breach since only an owner could build, the land having been found to belong to the Respondent. The court convicted her of contempt and ordered one month's imprisonment or a fine of Ksh 200,000. No costs order was made.

Key legal issues

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01

Whether the 1st interested party was in contempt of the orders issued on 27th September, 2024

Holding

The court found the 1st interested party in breach of the orders of 27th September, 2024 through construction on the suit property, and sentenced her to one month's imprisonment or a fine of Ksh 200,000.

Reasoning

The court applied the four-element test for civil contempt. Service of the order via WhatsApp was not disputed and the 1st interested party's reply showed knowledge of the order. She never disputed allegations of construction on the suit property. Construction could only be done by an owner, yet the judgment had found the land belonged to the Respondent and restrained her from acting as landlord. Breach and deliberateness were thereby established.

p. 4

Legal principles established

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  • Four elements must be proved for civil contempt: clear and unambiguous terms of the order, knowledge or notice, breach, and deliberate conduct, proved to a standard higher than the civil standard.
  • Disobedience of an order or direction of the Environment and Land Court is an offence attracting a fine not exceeding twenty million shillings or imprisonment not exceeding two years, or both.

Court orders

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  1. 1.The 1st interested party be imprisoned for a term of one month or pay a fine of Ksh 200,000
Jurisdiction invoked
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, "Omusundi v Ethics and Anti-Corruption Commission & 2 others (Environment and Land Petition E002 of 2023) [2025] KEELC 4978 (KLR)", Case Analysis (2025). Nakuru ELCPET/2/2023 (application dated 10th April, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4978/eng@2025-07-03

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