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ELCDismissedPetition (Notice of Motion dated 19th November, 2024) - not stated in full· [2025] KEELC 5185 (KLR)

Beta Metals KE Limited v Cabinet Secretary For Mining, Blue Economy and Marine Affairs & another (Environment and Land Constitutional Petition E006 of 2024) [2025] KEELC 5185 (KLR)

Environment and Land Court
4 July 2025
5,547 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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Beta Metals failed to jail mining officials for defying court orders because it didn't prove when the defiance happened.

What this practically means

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Executive summary

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Beta Metals Ke Limited, the Petitioner, moved the Environment and Land Court at Mombasa by Notice of Motion dated 19th November, 2024 seeking contempt orders against the Cabinet Secretary for Mining, Hon. Ali Hassan Joho, the Director of Mines, Gregory Kituku, and Regional Mining Officer Joshua Boiwo for allegedly disobeying conservatory orders issued on 17th/18th July 2024 by Hon. Justice L.L. Naikuni suspending the revocation of the Petitioner's mineral dealer (trading) license. The Petitioner complained that despite the orders, the Respondents refused to issue movement permits and export authorizations. The 1st Respondent opposed, arguing that the license had been reinstated under the orders but that copper had been gazetted as a strategic mineral that only the National Mining Corporation could lawfully handle, so issuing permits to the Petitioner would itself be illegal and contrary to public interest. The court framed two issues: contempt and costs. It applied the four-element test for civil contempt and the heightened standard of proof (higher than balance of probabilities, almost beyond reasonable doubt). Although the orders were clear, unambiguous and known to the Respondents, the Petitioner failed to prove to the required standard that acts of disobedience occurred after the orders were issued, giving no specific dates of the alleged defiance. The application was dismissed entirely with costs to the 1st Respondent, and a mention was set for 24th July, 2025 before Hon. Justice Olola for further directions.

Key legal issues

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01

Whether the Respondents were in contempt of the conservatory orders issued on 17th/18th July 2024

Holding

No - contempt not established. The Petitioner failed to prove, to the heightened standard applicable, that the Respondents deliberately disobeyed the orders after they were issued

Reasoning

The court identified the four elements of civil contempt from Mweru v NLC. It found the orders were clear and unambiguous, and the Respondents had knowledge of them. However, the burden lay squarely on the Petitioner, and the evidence did not specify the dates of the alleged disobedience or establish that the acts occurred after the orders were issued. The application therefore fell short of the required standard of proof, which is higher than the balance of probabilities because committal affects liberty.

p. 10
02

Who bears the costs of the application

Holding

The 1st Respondent, having succeeded, was awarded the costs of the application

Reasoning

Under Section 27 of the Civil Procedure Act, costs follow the event unless the court orders otherwise for good reason. The court applied the established principle that the discretion depends on the circumstances of each case, and since the application was dismissed, the 1st Respondent was entitled to costs.

p. 11

Legal principles established

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  • The elements of civil contempt are: clear and unambiguous terms of the order binding on the defendant; knowledge or proper notice of those terms; breach of the order; and deliberate conduct
  • The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt, because committal affects liberty
  • A party who knows of a court order cannot disobey it on the ground that it is irregular or invalid; the remedy is to vary or discharge it
  • Costs follow the event unless the court, for good reason, orders otherwise (Section 27, Civil Procedure Act)

Court orders

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  1. 1.The Notice of Motion application dated 19th November, 2024 was found to lack merit and was dismissed entirely with costs
  2. 2.Mention before Hon. Justice Olola on 24th July, 2025 for further directions
  3. 3.The 1st Respondent to have the costs of the Notice of Motion dated 19th November, 2024, to be paid by the Petitioner
Jurisdiction invoked
Articles 2, 3, 10, 20, 21, 22, 23, 24 and 47 of the Constitution; Rules 10 and 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013; Section 5 of the Judicature Act; Section 29 of the Environment and Land Court Act, No. 19 of 2011

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, "Beta Metals KE Limited v Cabinet Secretary For Mining, Blue Economy and Marine Affairs & another (Environment and Land Constitutional Petition E006 of 2024) [2025] KEELC 5185 (KLR)", Case Analysis (2025). Petition (Notice of Motion dated 19th November, 2024) - not stated in full. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5185/eng@2025-07-04

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