Power Plant Engineers Limited v Business Partner International (Environment and Land Case 39 of 2016) [2025] KEELC 6827 (KLR)
The bottom line
#Kenya's Environment and Land Court in Nakuru cited a company for contempt for ignoring a 2019 land order, putting its directors at risk of fines or jail.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent should be cited for contempt of the judgment and orders of 1st October 2019, as partially upheld on appeal
Yes. The orders were clear and unambiguous, the Respondent had knowledge of them (the decree was served on 29th April 2025), and it failed to comply by refusing to issue a discharge of charge; with no rebuttal, the Respondent was cited for contempt and its directors ordered to show cause
The court applied the elements of civil contempt from Samuel M. N. Mweru: clear and unambiguous order binding on the defendant, knowledge or proper notice, breach, and deliberateness. Judgment of 1st October 2019 in favour of the Applicant was not disturbed on appeal except as to the refund of Kshs. 771,333.90. The order to issue a discharge of charge subsisted. The decree was served on 29th April 2025, the claim was uncontroverted, and the Respondent filed no reply, so the inference of deliberate disobedience was unrebutted.
Legal principles established
#- Civil contempt requires proof of the terms of the order, knowledge of those terms by the respondent, and failure to comply; willfulness and bad faith are then inferred unless rebutted
- Refusal to obey an order of the Environment and Land Court is an offence under section 29 of the Environment and Land Court Act attracting a fine of up to twenty million shillings or imprisonment of up to two years, or both
Court orders
#- 1.The application dated 16th July 2025 is allowed
- 2.The Respondent be and is hereby cited for contempt
- 3.Notice to Show Cause to issue forthwith for the Respondent's directors to come to court and show cause why they should not purge the contempt or be sentenced
- 4.Costs in the cause
- On appeal from
- Court of Appeal
- Nakuru Civil Appeal No. E001 of 2020
- Jurisdiction invoked
- Section 29 of the Environment and Land Court Act (contempt powers of the Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Power Plant Engineers Limited v Business Partner International (Environment and Land Case 39 of 2016) [2025] KEELC 6827 (KLR)", Case Analysis (2025). Not stated in the judgment (ruling on Notice of Motion dated 16th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6827/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.