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ELCDismissedELC No. 004 of 2023 (application dated 12/9/2025)· [2025] KEELC 7997 (KLR)

Kahungu v Wanyonyi & 2 others (Environment and Land Case E004 of 2023) [2025] KEELC 7997 (KLR)

Environment and Land Court
19 November 2025
1,439 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a contempt and injunction application because temporary status quo orders had expired and no stay of judgment ever existed.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) determines a notice of motion dated 12/9/2025 by the plaintiff/applicant following the dismissal of his suit and allowance of the 1st defendant's counterclaim by a judgment delivered on 16/6/2025. The applicant sought an injunction restraining interference with his maize crop on Zea Settlement Scheme Plot No. 343, contempt proceedings against the 1st respondent for allegedly breaching interim orders of 18/6/2025 and 24/7/2025, committal to civil jail, restoration of the land and compensation for a destroyed acre of maize, plus expeditious typing of proceedings for an intended appeal. The court reviewed its record and found that on 18/6/2025 it ordered maintenance of the status quo regarding the growing maize only until the interpartes hearing, and that on 24/7/2025 no interim orders were granted or extended; at no point was execution of the judgment stayed. Applying Samuel M. N. Mweru and Justus Kariuki Mate, the court held contempt requires proof of the order's terms, knowledge and breach, to a high quasi-criminal standard, none of which was met on non-existent orders. On the injunction pending appeal, applying Order 42 Rule 6 and the cited authorities, the applicant's blanket allegations of crop destruction lacked a valuation report and did not establish substantial loss. The application was dismissed with costs; the court noted it had already on 13/10/2025 ordered the proceedings to be typed.

Key legal issues

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01

Whether contempt of expired or non-existent orders can be established

Holding

No contempt established because the status quo orders of 18/6/2025 lapsed at the interpartes hearing and no stay was ever issued

Reasoning

The court examined its own record and found that the 18/6/2025 status quo order operated only until the interpartes hearing on 24/7/2025, at which no orders were granted or extended. At no point did the court stay execution of the 16/6/2025 judgment. Without a subsisting order proved to the quasi-criminal standard, contempt cannot lie.

p. 3
02

Whether an injunction pending appeal should issue

Holding

Refused; the applicant failed to show substantial loss, and the intended appeal's merits and hardship balance did not favour an injunction

Reasoning

Relying on Order 42 Rule 6 and the cited case law, an injunction pending appeal is discretionary and preserves the status quo pending appeal. It is refused where the appeal is frivolous, refusal would not render it nugatory, or it would inflict greater hardship. The applicant's allegations of crop destruction lacked a valuation report and amounted to blanket allegations.

p. 3
03

Whether the application was an abuse amounting to a second bite of the cherry

Holding

Yes; having lost the stay application, the applicant was attempting through this application to obtain the same relief as an injunction pending appeal

Reasoning

The court noted that the applicant had already sought and been denied a stay of execution under the application dated 17/6/2025, dismissed on 13/10/2025. Framing the fresh application as contempt plus injunction pending appeal amounted to re-litigating the declined relief.

p. 3

Legal principles established

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  • To succeed in civil contempt the applicant must prove the terms of the order, the respondent's knowledge of them, and failure to comply
  • Contempt proceedings are quasi-criminal and require proof beyond any shadow of doubt
  • Interim status quo orders subsisting for a limited period do not amount to a stay of judgment

Court orders

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  1. 1.The application dated 12/9/2025 is dismissed with costs
  2. 2.The court had earlier ordered proceedings to be typed on 13/10/2025

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (6)

  • Samuel M. N. Mweru & Others -vs- National Land Commission & 2 others
    [2020] eKLR
  • Justus Kariuki Mate & Another -vs- Martin Nyaga Wambora & another
    C.A No. 24 of 2014
  • Madhupaper International Limited -vs- Kerr
    [1985] KLR 840
  • J.K Industries -vs- Kenya Commercial Bank & Another
    [1987] KLR 506
  • Patricia Njeri & others -vs- National Museum of Kenya
    (2004) eKLR
  • Butt -vs- Rent Restriction Tribunal
    (1982) KLR 417
Jurisdiction invoked
Inherent and discretionary jurisdiction of the ELC under the Civil Procedure Rules, including Order 42 Rule 6

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, "Kahungu v Wanyonyi & 2 others (Environment and Land Case E004 of 2023) [2025] KEELC 7997 (KLR)", Case Analysis (2025). ELC No. 004 of 2023 (application dated 12/9/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7997/eng@2025-11-19

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