Criticos & another v AIC Makutano & 66 others; Henan Highway Engineering Group Company Ltd (Co-Contemnor) (Environment and Land Case 3 of 2024) (Environment and Land) [2025] KEELC 5040 (KLR)
The bottom line
#The Environment and Land Court in Voi dismissed a contempt application because the landowners could not prove the alleged disobedience was deliberate, naming a company instead of its directors also failed.
What this practically means
#Executive summary
#Key legal issues
#Whether the contempt threshold was met against the 7th Respondent
Not met; wilful and deliberate disobedience was not proved to the required standard
The court accepted that orders of 9th November 2020 existed, but the evidence did not clearly establish that the 7th Respondent permitted Henan Highway Engineering Group Company Ltd onto the land. Contempt being personal and criminal in character, the applicant had to prove the contemnor's knowledge of the order and deliberate wilful breach, which was not demonstrated with certainty.
Whether Henan Highway Engineering Group Company Ltd could be cited as a contemnor
A juristic person cannot itself disobey; only its directors or employees could, and they were not listed
The court noted the company was not present when the orders were issued and, as a juristic person, is incapable of disobeying an order; liability would attach to directors or employees, none of whom the Applicants joined.
Legal principles established
#- An applicant for contempt must prove an existing clear, unambiguous and binding order, knowledge of it, breach, and that the breach was deliberate
- The standard of proof in contempt proceedings is higher than the balance of probabilities but not quite beyond reasonable doubt
- A juristic person is incapable of disobeying a contempt order; only its directors or employees can, and they must be listed
Court orders
#- 1.The application dated 27th May 2025 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Inherent contempt jurisdiction of the court over disobedience of its orders of 9th November 2020 issued in the pending suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Criticos & another v AIC Makutano & 66 others; Henan Highway Engineering Group Company Ltd (Co-Contemnor) (Environment and Land Case 3 of 2024) (Environment and Land) [2025] KEELC 5040 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 27th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5040/eng@2025-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.