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ELCPartially Allowed· [2026] KEELC 327 (KLR)
Gichuhi (Suing on Behalf of the Estate of Michael Gichuhi Muiru (Deceased)) v Kenya National Highway Authority & another (Environment and Land Case E006 of 2023) [2026] KEELC 327 (KLR)
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·~9 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Applicant, whose deceased father's hotel complex stands on Title Number Kabete/Karura/2083, sought committal of the Defendant's Managing Director and other orders for gross disobedience of a court order issued on 10th August 2024 directing the Respondents to reinstate the access road to the suit property, which had been impeded by construction of the western by-pass. The 1st Respondent, represented by Eng. Rinah Chikamai, conceded the loss of access but contended that remedial works were ongoing and that remaining works were hindered by budgetary constraints. The application was canvassed by written submissions. Framing the sole issue as whether the Respondent was in wilful contempt of the 10th August 2024 order, the court noted that the Contempt of Court Act 2016 was declared unconstitutional in Kenya Human Rights Commission v Attorney General, and that contempt jurisdiction derives from Section 5 of the Judicature Act and, absent valid domestic statute, from English law as explained in Shimmers Plaza Limited v National Bank of Kenya Limited. Adopting the four essential elements of civil contempt (clear order, knowledge, breach, wilfulness) drawn from Samuel M. N. Mweru v National Land Commission, the court found all elements satisfied: the order was clear and binding, known to the Respondents, breached by cessation of works, and the breach was wilful and mala fide since no evidence substantiated the budgetary claims. The court found the Respondents in contempt and directed their Managing Directors to appear for mitigation and sentencing on 12th March 2026. The committal and other ancillary orders sought were effectively deferred to that sentencing hearing. Costs were not addressed.
Key legal issues
#01
Whether the Respondent was in wilful contempt of the order of 10th August 2024
Holding
Yes - all four elements of civil contempt were established
Reasoning
The court found the order of 10th August 2024 was clear, unambiguous and binding; the Respondents had full knowledge; they failed to comply, having abandoned culvert works; and the breach was deliberate, as no evidence substantiated the budgetary constraints claimed. Wilfulness and bad faith were thereby demonstrated, warranting the court's intervention.
p. 5
Legal principles established
#- Contempt requires wilful and mala fide defiance, not mere disobedience; the applicant must prove a clear order, knowledge, breach and deliberateness to a standard higher than ordinary civil cases
- In the absence of a valid domestic contempt statute, Kenyan courts apply the law in force in England when exercising contempt jurisdiction
Court orders
#- 1.Finding that the Respondents are in contempt of the court order dated 10th August 2024
- 2.Managing Directors of the Respondents directed to appear before the court on 12th March 2026 for mitigation and sentencing
- Jurisdiction invoked
- Section 5 of the Judicature Act (inherent jurisdiction to punish for contempt)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gichuhi (Suing on Behalf of the Estate of Michael Gichuhi Muiru (Deceased)) v Kenya National Highway Authority & another (Environment and Land Case E006 of 2023) [2026] KEELC 327 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/327/eng@2026-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.