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ELCDismissedNot stated in judgment (application dated 27th May 2025)· [2025] KEELC 5040 (KLR)

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)

Environment and Land Court
8 July 2025
3,335 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Voi (E. K. Wabwoto, J) determined the Plaintiffs/Applicants' notice of motion dated 27th May 2025 seeking contempt orders against the 7th Defendant/Respondent, Ruth Mkumbulu Lelewu, and Henan Highway Engineering Group Company Ltd. The Applicants alleged that, contrary to status quo and injunctive orders issued on 9th November 2020 - which barred any new person from entering the suit property or carrying out developments - the 7th Respondent permitted the company to harvest large volumes of murram from the suit land. They sought committal, detention for up to six months, denial of audience, and costs. The 7th Respondent opposed the application, denying knowledge of the orders, asserting any injunction lapsed after twelve months, and contending the murram harvesting was by a government contractor building the Sesi-Mata road, with whom she had no connection. The court restated the four-part test for contempt: a clear and unambiguous order, knowledge, breach, and deliberateness - proved to a standard higher than balance of probabilities. Although satisfied that quarrying activity was occurring on the land, the court was not satisfied that the 7th Respondent permitted the company onto the land, nor that her conduct and that of the company (not present when the orders were issued) was wilful and deliberate. The court also held a juristic person incapable of disobeying such orders, only its directors or employees could be liable, and none were listed. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the contempt threshold was met against the 7th Respondent

Holding

Not met; wilful and deliberate disobedience was not proved to the required standard

Reasoning

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.

p. 8
02

Whether Henan Highway Engineering Group Company Ltd could be cited as a contemnor

Holding

A juristic person cannot itself disobey; only its directors or employees could, and they were not listed

Reasoning

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.

p. 9

Legal principles established

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  • 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

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  1. 1.The application dated 27th May 2025 is dismissed
  2. 2.No orders as to costs

Authorities

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Cases cited (8)

  • Kenya Urban Roads Authority & Another v Belgo Holdings Limited
    (Civil Appeal E011 Of 2021) [2025] KECA 764 (KLR)
  • Micheal Sistu Mwaura Kamau v Director of Public Prosecutions & 4 others
    [2018] eKLR
  • Mutitika v Baharini Farm Limited
    [1985] KLR 229
  • Fred Matiang'i the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government v Miguna Miguna & 4 others
    [2018] eKLR
  • Gatharia K. Mutikika v Baharini Farm Limited
    [1985] KLR 227
  • Indian Airports Employees Union v Ranjan Catterjee & Another
    [AIR 1999 SC 880: 1999(2) SCC:537
  • Kristen Carla Burchell v Barry Grant Burchell
    [2005] ZAECHC 35
  • Carey v Laiken
    2015 SCC 17
Jurisdiction invoked
Inherent contempt jurisdiction of the court over disobedience of its orders of 9th November 2020 issued in the pending suit

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, "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.