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ELCDismissedNotice of motion dated 17th May 2025 (suit number not stated in judgment)· [2025] KEELC 6856 (KLR)

Emco Billets and Steel Limited v Kiambu Dandora Farmers Company Limited & another (Environment and Land Case 1518 of 2013) [2025] KEELC 6856 (KLR)

Environment and Land Court
9 October 2025
AOA. OMOLLO
1,372 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed a contempt claim because the 2016 court order only restrained the Defendant, not the company or its directors.

What this practically means

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Executive summary

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The Defendant/Applicant moved the Environment and Land Court by notice of motion dated 17th May 2025 seeking contempt findings against the Plaintiff, Emco Billets & Steel Limited, and its directors, including lifting the corporate veil, committal for six months or a fine, and an order to purge contempt by ceasing activities and removing structures on the suit property. The application was supported by the affidavit of Joseph Mwangi Karanja, who deposed that in breach of status quo orders of 13th December 2019, extended until determination of the suit, the Respondents entered the land, demolished structures, erected a perimeter wall, a gate and a container office, and conducted public meetings aimed at building a public primary school. The alleged contemnors opposed the application, denying knowledge of the order allegedly violated and asserting that the operative ruling of Hon. Justice Samson Okong'o dated 1st July 2016 restrained only the Defendant and confirmed the Plaintiff's quiet possession of L.R No 12504 and two other properties, with the OCS Buruburu Police Station to ensure compliance. Justice A. Omollo examined the extracted orders of 20th March 2019 and found they restrained only the Defendant from trespassing. The court held that a party cannot be in contempt of an order that imposed no obligation upon them, and that although the Plaintiff did not deny the activities described, those activities did not breach the operative orders. The application was dismissed with costs to the Respondents on 9th October 2025.

Key legal issues

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01

Whether contempt of court was established against the Respondents

Holding

No contempt was established because the final orders of 1st July 2016 restrained only the Defendant, not the Plaintiff or its directors

Reasoning

The court examined the extracted orders of 20th March 2019, which restrained the Defendant from trespassing and directed the OCS Buruburu to ensure compliance. Those orders imposed no obligation on the Plaintiff. Since contempt requires a clear order directed at the alleged contemnor, the application failed. The status quo reference in the ruling did not create a restraint on the Plaintiff.

p. 3
02

Whether the directors could be held personally liable via lifting the corporate veil

Holding

Not determined in the applicants' favour as the foundational contempt finding failed

Reasoning

Having found no disobedience of any order binding the Respondents, the court was not persuaded the contempt application could lie at all, disposing of the veil-lifting and committal prayers as ancillary to the failed contempt claim.

p. 3

Legal principles established

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  • A party cannot be held in contempt of an order that did not direct them to do or abstain from doing a specific act
  • No person is entitled to disregard court orders merely because they disagree with them (as cited from authority)

Court orders

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  1. 1.The notice of motion dated 17th May 2025 (referred to in the disposition as dated 14th May 2025) is dismissed
  2. 2.Costs of the application to the Respondents

Authorities

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Legislation

  • Constitution of KenyaArticles specified in the application (not individually identified in the judgment)

Cases cited (1)

  • Republic versus DPP & Another ex parte Stephen Kipkurgat Mutai
    [2016] eKLR
Jurisdiction invoked
Articles of the Constitution (specified in the application, not individually identified in the judgment)

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, "Emco Billets and Steel Limited v Kiambu Dandora Farmers Company Limited & another (Environment and Land Case 1518 of 2013) [2025] KEELC 6856 (KLR)", Case Analysis (2025). Notice of motion dated 17th May 2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6856/eng@2025-10-09

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