Gacina v Mwamba & 9 others (Environment and Land Case E116 of 2023) [2026] KEELC 178 (KLR)
The bottom line
#A Kenyan court found Embakasi Ranching and its officials guilty of disobeying a land judgment, giving them 60 days to comply or face fines or jail.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondents disobeyed the court orders and are in contempt
Contempt proved against the respondents
The respondents did not participate in the hearing of the underlying suit, and the applicant produced an affidavit of service dated 15/9/25 showing they were served with the court orders. The respondents were also served with the contempt application but did not controvert the allegations. In the absence of evidence to the contrary, the court was satisfied that the orders were brought to the respondents' knowledge and that they deliberately disobeyed them, satisfying the four elements for contempt.
Whether the court has power to punish for contempt
Yes, under Section 29 of the ELC Act and Section 63(c) of the Civil Procedure Act
The court relied on Section 29 of the ELC Act, which creates an offence for disobeying orders of the court punishable by a fine of up to twenty million shillings or imprisonment of up to two years, and Section 63(c) of the Civil Procedure Act, which empowers the court to punish for contempt to uphold the dignity and authority of the courts and prevent the ends of justice from being defeated.
Legal principles established
#- Any person subject to a court order has an unqualified duty to comply with it until it is discharged or set aside, even if he believes it to be irregular or void
- An applicant for contempt must prove four elements: clear and unambiguous terms of the order, knowledge or proper notice, breach, and deliberate conduct
- The ELC Act empowers the court to punish for contempt of court
Court orders
#- 1.The Embakasi Ranching Company Limited, its chairperson Lucy Nyokabi & Vice Chair Walter Kigera, their agents, servants and/or employees held in contempt of court for disobeying the judgment and decree dated 3/6/25
- 2.The respondents to purge the contempt within the next 60 days in default of which they are to appear before the court for mitigation and sentencing
- 3.The Inspector General of Police to depute a competent officer to effect the judgment and decree dated 3/6/25 and give police protection to Duncan Mugambi t/a Wright Auctioneers while executing the decree
- 4.No orders as to costs
- Jurisdiction invoked
- Section 29 of the Environment and Land Court Act; Section 63(c) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gacina v Mwamba & 9 others (Environment and Land Case E116 of 2023) [2026] KEELC 178 (KLR)", Case Analysis (2026). Application dated 16/7/25 (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/178/eng@2026-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.