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ELCDismissedNot stated in judgment (Petition dated 15th October, 2024)· [2025] KEELC 6034 (KLR)

Koskei v Lipton Tea and Infusion Kenya Plc & 2 others (Environment and Land Constitutional Petition E001 of 2024) [2025] KEELC 6034 (KLR)

Environment and Land Court
18 September 2025
6,353 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~25 min to read original · ~4 min brief

The bottom line

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A Kericho court refused to jail company officials for contempt because the applicant couldn't prove they deliberately broke a court order after knowing about it.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kericho (Omollo J) determines a Notice of Motion dated 3rd July, 2025 in which the Petitioner/Applicant sought a finding that the 1st, 3rd and 4th Respondents were in contempt of status quo orders issued on 16th December, 2024, and that four named individuals (Rajiv Bandarana, Keneth Odire, Mercy Chirchir and Ken Tuwei) be committed to civil jail for six months. The application arose from a Petition filed on 15th October, 2024 seeking compensation and other reliefs for alleged wrongful eviction from suit premises owned by the 1st Respondent. The Respondents opposed the application, arguing there was no personal service of the order, no penal notice was endorsed, and that the suit premises had already been leased to a third party, Beatrice Wairimu, on 16th December, 2024 - before service of the order on 18th December, 2024. The court framed three issues: whether contempt was established, whether committal was warranted, and costs. Relying on Shimmers Plaza Limited v National Bank of Kenya Limited, the court held that knowledge of a court order suffices to dispense with personal service, rejecting that objection. However, applying the stringent quasi-criminal standard from Gatharia K. Mutikika v Baharini Farm Limited, the court found the Applicant had produced no evidence that the premises were leased out after service of the order, nor any proof of fraud in the tenancy agreement. It deduced the Respondents had no knowledge of the order when the lease was signed. The application was dismissed with costs to the Respondents.

Key legal issues

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01

Whether personal service of a court order is a prerequisite to a finding of contempt

Holding

Knowledge of the order suffices to dispense with personal service; the objection on personal service therefore cannot hold.

Reasoning

Relying on Shimmers Plaza Limited v National Bank of Kenya Limited, the court held that Kenya's jurisprudence has moved from the strict personal service requirement. Since the Respondents concede they were served on 18th December 2024 through their counsel, the lack of personal service on the individual alleged contemnors was not fatal. However, the court had to satisfy itself beyond any shadow of a doubt that the alleged contemnors acted with full knowledge of the order.

p. 12
02

Whether the alleged contemnors deliberately disobeyed the status quo order of 16th December 2024

Holding

No contempt established: the evidence showed the tenancy agreement with Beatrice Wairimu was signed on 16th December 2024, before service of the order on 18th December 2024.

Reasoning

The applicant alleged the lease was fraudulently backdated to defeat the status quo order, but placed no evidence of fraud before the court. The lease agreement dated 16th December 2024 and the affidavit of service showing service on 18th December 2024 led the court to deduce the Respondents had no knowledge or notice of the order when signing the lease. Contempt being quasi-criminal, the burden of proving deliberate disobedience was not discharged.

p. 12
03

Costs

Holding

Costs follow the event; the Respondents as successful parties were awarded costs.

Reasoning

Relying on Section 27 of the Civil Procedure Act, the court held that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. No such reason existed here, so the dismissed application attracted costs to the Respondents.

p. 14

Legal principles established

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  • Knowledge of a Court order suffices to prove service and dispenses with the requirement of personal service for purposes of contempt proceedings.
  • Civil contempt requires proof to a standard higher than the balance of probabilities, almost but not exactly beyond reasonable doubt, of four elements: clear unambiguous order, knowledge/notice, breach, and deliberateness.

Court orders

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  1. 1.The Notice of Motion application dated 3rd July, 2025 is dismissed with costs to the Respondents.

Authorities

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Legislation

  • Judicature ActSection 5(1)
  • Rules of the Supreme Court of England 1965Order 52 Rule 3
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 27 (Cap. 21)
  • Environment and Land Court ActSection 29
  • Land ActSections 57(4) and 65(2)(b); Section 73
  • Disposal of Uncollected Goods ActNot specified
  • Evidence ActSection 106 B
  • Civil Procedure Rules of England 2012Rule 81

Cases cited (19)

  • Basil Criticos vs Attorney General and 8 Others
    [2012] eKLR
  • Shimmers Plaza Limited vs National Bank of Kenya Limited
    [2015] eKLR / [2015] KECA 945 (KLR)
  • Hadkinson vs Hadkinson
    [1952] ALL ER 567
  • T.N Gadavarman Thiru Mulpad vs Ashok Khot and anor
    [2005] 5 SCC
  • Econet Wireless Kenya Limited vs Minister for Information and Communication of Kenya Authority
    [2005] eKLR
  • DGM v EWG
    [2021] (sic)
  • Margan Air Cargo Limited v Everest Enterprises Limited
    [2014] eKLR
  • Mutitika vs Baharini Farm Limited
    [1985] KLR 229
  • Republic v Ahmad Abolfathi Mohammed & another
    [2018] eKLR
  • In the matter of an application by Gurbaresh Singh & sons Ltd - Misc. Civil Case No. 50 of 1983
  • Freight In Time Limited v Image Apparels Ltd
    [2015] eKLR
  • Woburn Estate Limited v Margaret Bashforth
    [2016] eKLR
  • Dunstan Mutuku Wambua v Glory Rent A Car Limited
    [2017] KECA 592 (KLR)
  • Silverse Lisamula Anami vs Justus Kizito Mugali & 2 Others
    [2017] eKLR
  • Nelifa Holdings Limited v Kanee
    (Civil Appeal E026 of 2023) [2024] KEELC 686 (KLR) (15 February 2024)
  • North Tetu Farmers Co. Ltd v. Joseph Nderitu Wanjohi
    [2016] eKLR
  • Gatharia K. Mutikika v Baharini Farm Limited
    [1985] KLR 227
  • Koske v CEO/Managing Director Lipton Teas & Infusions Kenya PLC & 2 Others
    [2024] KEHC 12057 (KLR)
  • Ex parte Langley
    1879, 13 Ch D. 110 (C.A)
Jurisdiction invoked
Section 5(1) of the Judicature Act; Order 52 Rule 3 of the Rules of the Supreme Court of England 1965; Section 3A of the Civil Procedure Act; 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, "Koskei v Lipton Tea and Infusion Kenya Plc & 2 others (Environment and Land Constitutional Petition E001 of 2024) [2025] KEELC 6034 (KLR)", Case Analysis (2025). Not stated in judgment (Petition dated 15th October, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6034/eng@2025-09-18

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