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ELCDismissedVoi ELC Judicial Review (Notice of Motion dated 21st July 2025)· [2025] KEELC 7401 (KLR)

Republic v Attorney General & 4 others; Mbogho & 63 others (Ex parte Applicants) (Environment and Land Judicial Review Miscellaneous Application E004 of 2025) (Environment and Land) [2025] KEELC 7401 (KLR)

Environment and Land Court of Kenya
30 October 2025
EWE. K. Wabwoto
2,799 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court at Voi dismissed a bid to force land officials to release plot allocation records because the applicants provided no evidence of non-compliance.

What this practically means

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Executive summary

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The Applicants filed a substantive motion dated 21st July 2025 in the Environment and Land Court at Voi seeking an order of mandamus compelling the Respondents - the Land Adjudication and Settlement Officer, the Attorney General, the National Land Commission, the Chief Land Registrar and the Land Registrar, Taita Taveta County - to provide and release the list of persons allocated plots created from the sub-division of Voi Municipality Block/3, and further orders that the Respondents show cause against detention in civil jail for non-compliance with the judgment and decree in formerly Mombasa ELC Petition No. 38 of 2021, now Voi ELC No. E012 of 2024, delivered on 15th May 2023. The application was canvassed by written submissions; the Respondents filed nothing. The court framed two issues: whether mandamus should issue, and whether the Respondents should be cited for contempt. On mandamus, applying the Gathenji and Dudsheath principles, the court held that mandamus commands performance of a public duty but will not issue where an alternative remedy exists, and that the Applicants had offered no evidence of execution steps or of the Respondents' failure to comply - mere assertion was insufficient. On contempt, the court held that contempt is quasi-criminal, must be proved to a standard higher than the balance of probabilities, and is personal: the individuals holding the Respondent offices were not joined, and no evidence linked them to wilful disobedience. The court dismissed the motion in its entirety with no orders as to costs, judgment delivered virtually at Voi on 30th October 2025.

Key legal issues

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01

Whether mandamus should issue to compel release of the list of plot allottees

Holding

Refused. The Applicants merely asserted non-compliance without evidence of steps taken to execute the decree, and mandamus is unavailable where an alternative remedy exists.

Reasoning

The court recited the classic tests in Gathenji and R v Dudsheath, that mandamus commands performance of a public duty and will be refused if another remedy is open. The Applicants' papers contained no evidence of execution steps or demonstrable failure by the Respondents to comply with the decree, so the remedy could not issue.

p. 3
02

Whether the Respondents should be cited for contempt and committed to civil jail

Holding

Refused. Contempt is personal, quasi-criminal, and requires proof of wilful disobedience to a heightened standard; the individuals holding the Respondent offices were not joined and no evidence linked them to the non-compliance.

Reasoning

Applying Gatharia K. Mutikika and Econet Wireless, the court held that contempt being quasi-criminal, guilt must be proved with strictness near the criminal standard. The order must be personally served on and known to the contemnor. The offices, not the individuals, were cited and no instructions were evidenced, so the higher threshold was not met.

p. 5

Legal principles established

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  • Mandamus will not issue where there is an alternative remedy and the applicant must produce supporting evidence of non-compliance, not mere assertion
  • Contempt proceedings require proof of wilful disobedience to a standard higher than the balance of probabilities, and contempt is personal to a party with knowledge of the order

Court orders

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  1. 1.The Notice of Motion dated 21st July 2025 is dismissed in its entirety
  2. 2.There shall be no orders as to costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 23(3)(e)
  • Judicature ActSection 5

Cases cited (10)

  • Republic =Versus= Director Kenya School of Law
    (2024) eKLR
  • Teachers Service Commission =Versus= Kenya Union of Teachers & 2 Others
    (2013) eKLR
  • Republic v Kenya National Examinations Council ex parte Gathenji & 8 Others
    [1997] eKLR
  • R (Regina) v Dudsheath, ex parte Meredith
    [1950] 2 All E.R. 741
  • Shimmers Plaza Limited v National Bank of Kenya Limited
    [2015] eKLR
  • Econet Wireless Kenya Ltd v Minister for Information & Communication of Kenya & another
    [2005] KLR 828
  • T. N. Gadavarman Thiru Mulpad v Ashok Khot And Anor
    [2006] 5 SCC
  • Gatharia K. Mutikika v Baharini Farm Limited
    [1985] KLR 227
  • Indian Airports Employees Union v Ranjan Catterjee & Another
    [AIR 1999 SC 880: 1999(2) SCC:537
  • Re: Vinay Chandra Mishra
    [(1995) 2 SCC584]
Jurisdiction invoked
Article 23(3)(e) of the Constitution; Section 5 of the Judicature Act (contempt jurisdiction)

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, "Republic v Attorney General & 4 others; Mbogho & 63 others (Ex parte Applicants) (Environment and Land Judicial Review Miscellaneous Application E004 of 2025)  (Environment and Land) [2025] KEELC 7401 (KLR)", Case Analysis (2025). Voi ELC Judicial Review (Notice of Motion dated 21st July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7401/eng@2025-10-30

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