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ELCAllowedNot stated in judgment· [2026] KEELC 447 (KLR)

Mbarak & another v Abdillahi & another (Environment and Land Miscellaneous Application E062 of 2025) [2026] KEELC 447 (KLR)

Environment and Land Court
3 February 2026
MNMwangi Njoroge
164 words in judgment
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The bottom line

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Kenya's Environment and Land Court at Malindi has allowed someone to start contempt (committal) proceedings against certain officers, who could face punishment if found guilty.

What this practically means

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Executive summary

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This is a brief first-instance ruling of the Environment and Land Court at Malindi delivered by Mwangi Njoroge, Judge, on 3rd February 2026. The court considered an ex parte motion dated 2nd November 2025 seeking leave to file an application for an order of committal against certain officers named in the intended application. Although the application was ex parte, service had been effected on the Attorney General, which the applicant's counsel Mr. S.M. Kimani described as gratuitous notification of the application's existence; Mr. Ojwang appeared for the Attorney General at the hearing on 2nd February 2026. The judge granted leave in terms of prayer 1 of the motion. Costs of the leave application were ordered to abide the outcome of the substantive committal application. The court directed that the committal application be filed and served within 21 days, that the present file be marked as closed, and that a copy of the leave order be attached to the committal application once filed under separate cover. No authorities were cited and no separate opinions were expressed. The ruling determines only the leave stage of contempt proceedings; the merits of the intended committal remain for determination in the substantive application.

Key legal issues

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Whether leave should issue for the filing of an application for order of committal against certain named officers

Holding

Leave was granted in terms of prayer 1 of the motion, with the substantive committal application to be filed and served within 21 days and the leave order attached to it.

Reasoning

The court considered the ex parte motion dated 2nd November 2025 seeking leave to commence committal proceedings against certain named officers. Although made ex parte, service had been effected on the Attorney General to notify him of the application, and counsel for the Attorney General appeared at the hearing. Satisfied on these considerations, the judge granted leave, deferred costs to the outcome of the substantive committal application, and imposed a 21-day timeline for filing and serving the committal application.

p. 1

Legal principles established

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  • Leave to institute committal proceedings may be granted ex parte, with notice given to the Attorney General as a courtesy notification, and the substantive committal application must then be filed and served within the period fixed by the court

Court orders

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  1. 1.Leave granted in terms of prayer number 1 of the motion dated 2nd November 2025
  2. 2.Costs of the leave application to abide the outcome of the committal application
  3. 3.Committal application to be filed and served within 21 days from the date of the ruling
  4. 4.The file to be marked as closed, with a copy of the order of leave granted to be attached to the committal application once filed under separate cover
Jurisdiction invoked
Not expressly stated; leave to institute contempt (committal) proceedings in the Environment and Land Court, Malindi

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, "Mbarak & another v Abdillahi & another (Environment and Land Miscellaneous Application E062 of 2025) [2026] KEELC 447 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/447/eng@2026-02-03

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