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ELCAllowed· [2025] KEELC 5300 (KLR)

Saika v Teeka & 2 others (Environment and Land Appeal 4 of 2017) [2025] KEELC 5300 (KLR)

Environment and Land Court
14 July 2025
1,396 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court threw out a contempt finding against a landowner because the disputed boundary had never been officially determined, proving contempt charges need solid evidence.

What this practically means

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Executive summary

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This was a first appeal to the Environment and Land Court against a ruling of Hon. Zainab Abdul (Resident Magistrate) delivered on 11th June 2014 in Civil Suit No. 97 of 2013 at the Chief Magistrate's Court, Narok, by which the appellant was cited for contempt of an interim injunction granted on 10th July 2013 restraining him from interfering with the respondents' parcel Cis-Mara/Nkoben/14. The respondents had sued the appellant alleging he shifted his boundary on Cis-Mara/Nkoben/169 and encroached on their parcel, and sought a permanent injunction. On appeal, the appellant condensed his grounds to the contention that the magistrate found him guilty of contempt without sufficient evidence, and further argued in submissions that at the material time the magistrate's court lacked jurisdiction to punish for contempt not committed in the face of the court. The court framed two issues: the magistrate's jurisdiction to cite for contempt, and whether there was sufficient evidence. On jurisdiction, the court held the magistrate acted within her powers since the contempt concerned disobedience of an Order 40 temporary injunction, an exception recognised before the Magistrates' Act 2016. On the evidence, the court found the magistrate misdirected herself in finding encroachment despite observing that the ground differed from the map and that the boundary was in dispute; the elevated standard of proof in contempt (per Mutitika v Baharini Farm Ltd) was not met, and section 18(2) of the Land Registration Act barred the court from entertaining the boundary dispute. The appeal was allowed and the ruling and orders of 11th June 2014 set aside with costs to the appellant.

Key legal issues

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01

Jurisdiction of the magistrate to cite for contempt of an interim injunction order

Holding

The magistrate had jurisdiction; the contempt proceedings related to disobedience of an interim injunction issued on 10th July 2013 under Order 40 of the Civil Procedure Act, an exception recognised before the Magistrates' Act 2016.

Reasoning

The court noted that prior to the Magistrates' Act No. 46 of 2016 magistrates could punish only contempt on the face of the court or disobedience of temporary injunction orders under Order 40. Since the contempt arose from disobedience of an Order 40 interim injunction, the magistrate acted within jurisdiction in the ruling of 11th June 2014.

p. 3
02

Whether the contempt finding was supported by sufficient evidence to the requisite standard

Holding

The finding was unsafe: with an unresolved boundary dispute and a map that did not match the ground, the magistrate could not be sure the appellant encroached on the respondents' parcel, and the higher contempt standard of proof was not met.

Reasoning

The interim orders restrained encroachment on the respondents' parcel, so ascertainment of the boundary was essential. The magistrate observed that the ground differed from the map, yet found encroachment. Given the unresolved boundary and the elevated standard of proof in contempt (almost beyond reasonable doubt per Mutitika v Baharini Farm Ltd), the finding could not stand. Section 18(2) of the Land Registration Act also barred the court from determining the boundary dispute.

p. 3

Legal principles established

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  • The issue of jurisdiction can be raised at any stage of the proceedings, even on appeal.
  • Before the Magistrates' Act No. 46 of 2016, magistrates had jurisdiction to punish for contempt only in respect of contempt on the face of the court or disobedience of temporary injunction orders under Order 40 of the Civil Procedure Act.
  • The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt.
  • Section 18(2) of the Land Registration Act bars courts from entertaining boundary disputes over registered land unless the boundary has first been determined under that provision.

Court orders

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  1. 1.That the ruling and orders delivered on 11th June 2014 in Civil Suit No.97 of 2013 at the Chief Magistrate's court, Narok be and are hereby set aside with costs to the Appellant.

Authorities

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Legislation

  • Magistrates' ActNo. 46 of 2016
  • Civil Procedure ActOrder 40
  • Land Registration ActSection 18(2)

Cases cited (8)

  • Kiruga v Kiruga & another
    [1988] KLR 348
  • Kamau v Mungai & another
    [2006] 1 KLR 150
  • Kyoga Hauliers Limited v Long Distance Truck Drivers & Allied Workers Union
    [2015] eKLR
  • Ramadhan Salim v Evans M. Maabi T/a Murphy Auctioneers & another
    [2016] eKLR
  • Econet Wireless Kenya Limited v Minister for Information Communication of Kenya & another
    [2005] eKLR
  • Teachers Service Commission v Kenya National Union of Teachers, Wilson Sossion and Mudzo Nzili
    Industrial Court of Kenya Petition Cause No. 23 of 2013
  • Kenya Ports Authority v Modern Holding [EA] Limited
    [2017] eKLR
  • Mutitika v Baharini Farm Ltd
    [1985] eKLR
On appeal from
Chief Magistrate's Court, Narok
Civil Suit No. 97 of 2013 (ruling of Hon. Zainab Abdul, Resident Magistrate, 11th June 2014)
Jurisdiction invoked
First appeal from the magistrates' court (ruling on contempt of an Order 40 interim injunction); Land Registration Act and Civil Procedure Act considered

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, "Saika v Teeka & 2 others (Environment and Land Appeal 4 of 2017) [2025] KEELC 5300 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5300/eng@2025-07-14

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