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ELCPartially AllowedApplication dated 16/7/25 (not stated in judgment)· [2026] KEELC 178 (KLR)

Gacina v Mwamba & 9 others (Environment and Land Case E116 of 2023) [2026] KEELC 178 (KLR)

Environment and Land Court
22 January 2026
1,427 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 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

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Executive summary

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This was an unopposed application dated 16/7/25 by the applicant against Embakasi Ranching Company Limited, its chairperson Lucy Nyokabi and vice-chair Walter Kigera, arising from a judgment in the applicant's favour granting vacant possession of plots Nairobi/Block 105/10475 and 10477 at Ruai and Kshs 500,000/- against the 1st defendant. The applicant sought police assistance to execute the decree and contempt sanctions for disobedience of the decree dated 3/6/25, which had been served with a penal notice. The application was served but not opposed. The court framed two issues: whether the application was merited, and costs. Relying on Section 29 of the ELC Act and Section 63(c) of the Civil Procedure Act, and on the Court of Appeal's decision in Matiang'i v Miguna Miguna, the Hadkinson principle of the unqualified duty to obey court orders, and the Kenya Human Rights Commission decision on the constitutional imperative of compliance, the court set out the four elements an applicant for contempt must prove. On the strength of an affidavit of service dated 15/9/25 and the respondents' failure to controvert the allegations, the court found the respondents had knowledge of the orders and deliberately disobeyed them. It held the company and its officials in contempt, ordered them to purge the contempt within 60 days failing which they would appear for mitigation and sentencing, directed the Inspector General of Police to depute an officer to effect the decree and protect the auctioneer during execution, and made no orders as to costs given that the application was unopposed.

Key legal issues

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01

Whether the respondents disobeyed the court orders and are in contempt

Holding

Contempt proved against the respondents

Reasoning

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.

p. 4
02

Whether the court has power to punish for contempt

Holding

Yes, under Section 29 of the ELC Act and Section 63(c) of the Civil Procedure Act

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 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. 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. 4.No orders as to costs

Authorities

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Legislation

  • Environment and Land Court ActSection 29
  • Civil Procedure ActSection 63(c)
  • Constitution of KenyaArticle 159; Article 160

Cases cited (3)

  • Fred Matiang'i, the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government v Miguna Miguna & 4 others
    [2018] KECA 789 eKLR
  • Kenya Human Rights Commission V Attorney General and Another
    (2018) eKLR
  • Hadkinson –vs- Hadkinson
    (1952) ALL ER 567
Jurisdiction invoked
Section 29 of the Environment and Land Court Act; Section 63(c) of the Civil Procedure 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, "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.