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ELCPartially AllowedNotice of Motion dated 23rd May 2025 in ELG Petition No. E012 of 2025· [2025] KEELC 6920 (KLR)

Sangahani & 2 others (For and on Behalf of Parklands Residents Association) v Mbogo & 5 others; Mbogo & 8 others (Contemnor); & 108 Others (Interested Party) (Environment and Planning Petition E012 of 2025) [2025] KEELC 6920 (KLR)

Environment and Land Court
14 October 2025
5,055 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Nairobi's Environment and Land Court found a county environment officer guilty of contempt for issuing tree-cutting permits in defiance of a court order, but cleared everyone else.

What this practically means

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Executive summary

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The Petitioners sought contempt findings and committal to civil jail against nine alleged contemnors - five Nairobi City County officers, three directors of Grandpine Company Limited, and the company itself - for breaching conservatory orders issued on 5th March 2025 restraining the County from processing development applications in the Parklands area. They alleged that despite the order, advertised in the Standard Newspaper, the County issued a tree cutting/pruning/movement certificate dated 20th May 2025 and authorities to excavate and transport soil dated 17th March and 14th May 2025, enabling tree felling and excavation on L.R. No. 1870/1/320, Jalaram Road. The alleged contemnors opposed, arguing the order bound only the County's planning organs, that approvals predated the order, that tree cutting is not 'development' under the Physical and Land Use Planning Act, 2019, that directors are shielded by the corporate veil absent an application to pierce it, and that the higher, near-criminal standard of proof was not met. The court framed two issues: whether the order bound the 6th to 9th alleged contemnors, and whether contempt was proved. It held the order was directed at the 1st to 5th Respondents and the County's planning committees only, so the 6th to 9th could not be condemned. Applying the four-element test for civil contempt and the requirement of deliberate and mala fide breach, it found tree cutting and excavation constitute 'development' under Section 2 of PLUPA, and that the impugned permits were independent of the pre-order approval of 13th February 2025. Geofirey Mosiria, County Chief Officer, Environment, who signed the excavation authorities and did not deny knowledge of the order, was found in contempt. The unidentified signatory of the tree cutting certificate and the 1st, 2nd, 3rd and 5th alleged contemnors were discharged for lack of proof. The application partially succeeded; Mosiria to appear for mitigation and sentencing; each party to bear own costs.

Key legal issues

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01

Whether the conservatory order of 5th March 2025 bound the 6th to 9th alleged contemnors

Holding

The order was directed only at the 1st to 5th Respondents and the 1st Respondent's committees on Physical and Land Use Planning; the 6th to 9th were not parties and cannot be condemned for disobedience.

Reasoning

The court examined the terms of the order and prayer 2 of the underlying motion, which sought to restrain the 1st to 6th Respondents and the 1st Respondent's planning committees from receiving, considering or processing development applications in the Parklands area. The 6th to 9th alleged contemnors were private individuals and a company, were not parties when the order issued, and no application had been made to pierce the corporate veil of the 9th alleged contemnor.

p. 7
02

Whether the issuance of the tree cutting certificate and soil excavation authorities breached the conservatory order

Holding

Yes. Tree cutting and excavation amount to 'development' under PLUPA, the permits were independent of the pre-order development approval of 13th February 2025, and their issuance despite knowledge of the order was a breach.

Reasoning

The court applied the statutory definition of development as carrying out works on land or making material change in use. The conditions in the February 2025 permit were separate requirements; the developer had to seek additional tree cutting and excavation permits after the order. The 1st to 5th alleged contemnors admitted knowledge of the conservatory order yet the County issued the certificate dated 20th May 2025 and authorities dated 17th March and 14th May 2025, actions which were therefore in breach of the order.

p. 9
03

Which individuals are personally liable for the contempt

Holding

Only Geofirey Mosiria, the County Chief Officer, Environment, who signed the two excavation authorities, is found in contempt; the signatory of the tree cutting certificate was not identified, and the 1st, 2nd, 3rd and 5th alleged contemnors were discharged.

Reasoning

The court emphasized that contempt is personal. The tree cutting certificate was signed by the CCO, Food, Agriculture and Natural Resources, whose name was not disclosed and could not be inferred from those sued given the higher standard of proof. By contrast, both excavation authorities were signed by Geofirey Mosiria, and the affidavit filed on his behalf did not deny knowledge of the 5th March 2025 order; his action was therefore held to be a deliberate breach.

p. 10

Legal principles established

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  • The four elements of civil contempt are: clear and unambiguous terms of the order binding on the defendant; knowledge or proper notice of the terms; breach of the terms; and deliberate conduct, proved to a standard higher than in ordinary civil cases.
  • A breach constitutes contempt only where it is deliberate and mala fide; bona fide non-compliance, even if unreasonable, does not constitute contempt.
  • Contempt liability is personal and can only be imposed on a person directly responsible for violating the order; the identity of the responsible officer must be proved.
  • Tree cutting and excavation constitute 'development' under Section 2 of the Physical and Land Use Planning Act, 2019, being works on land likely to cause material change.

Court orders

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  1. 1.Geofirey Mosiria, the 4th Contemnor, is found to be in contempt of the orders of this court of 5th March, 2025
  2. 2.Geofirey Mosiria, the 4th Contemnor, shall avail himself on a date to be fixed by this court for mitigation and sentencing
  3. 3.Each party to bear their own costs

Authorities

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Legislation

  • Environment and Land Court ActSection 29
  • Judicature ActSection 5
  • Civil Procedure Actrelevant provisions on contempt
  • Physical and Land Use Planning Act, 2019Section 2 (definition of development)

Cases cited (13)

  • Abbeybarn Limited vs Infinity Gemstones Ltd
    (2000) KLR 248
  • Shimmers Plaza Ltd vs National Bank of Kenya
    Civil Appeal No. 33 of 2012; (2012) eKLR
  • Christine Wangari Chege vs Elizabeth Wanjiru Evans & 11 Others
    (2014) eKLR
  • Econet Wireless Kenya Ltd vs Minister for Information & Communication of Kenya & Another
  • Burchell vs Burchell
    Case No. 364/2005
  • Refrigeration and Kitchen Utensils Ltd vs Gulabchand Popatlal Shah & another
    Civil Application No. 39 of 1990
  • Ndambiri & Another vs Nairobi Metropolitan Services & 19 Others
    [2024] KEELC 13649 (KLR)
  • Samuel M. N. Mweru & Others vs National Land Commission & 2 Others
    [2020] eKLR
  • Mutitika vs Baharini Farm Ltd
    (1985) KLR 229, 234
  • Katsuri Limited vs Kapurchand Depar Shah
    [2016] eKLR
  • Geofirey Kathuri Kison & 10 Others vs East African Portland Cement Co. Ltd & 5 Others
    [2021] eKLR
  • Jayden Limited vs Bradley Limited
    [2021] KEHC 127 (KLR)
  • Republic vs Principal Secretary, Ministry of Defence Ex parte George Kariuki Waithaka
    [2019] KEHC 10383 (KLR)
Jurisdiction invoked
Section 29 of the Environment and Land Court Act; Section 5 of the Judicature 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, "Sangahani & 2 others (For and on Behalf of Parklands Residents Association) v Mbogo & 5 others; Mbogo & 8 others (Contemnor); & 108 Others (Interested Party) (Environment and Planning Petition E012 of 2025) [2025] KEELC 6920 (KLR)", Case Analysis (2025). Notice of Motion dated 23rd May 2025 in ELG Petition No. E012 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6920/eng@2025-10-14

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