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ELCPartially AllowedJudicial Review Miscellaneous Application (Contempt of Court Notice of Motion dated 12/11/2025)· [2026] KEELC 716 (KLR)
Republic v County Secretary, County Government of Meru & 4 others; Kaburu t/a Mwirigi Kaburu & Co. Advocates (Ex parte Applicant) (Environment and Land Case Judicial Review Application E013 of 2024) [2026] KEELC 716 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This ruling by the Environment and Land Court at Meru (B M Eboso J) determines a notice of motion dated 12/11/2025 by Joseph Mwirigi Kaburu t/a Mwirigi Kaburu & Co Advocates, brought under Section 5 of the Judicature Act and Sections 14 and 29 of the Environment and Land Court Act, citing the respondents for contempt of a mandamus issued on 13/5/2025 compelling them to pay the applicant Kshs 939,600 plus interest at 14% per annum from 31/7/2024, with effect from 1/10/2025. The application was unopposed and heard on 19/1/2026 as an uncontested motion. The court framed one question: whether contempt had been proved. Relying on Gatharia K. Mutikika v Baharini Farm Ltd and Oilfield Movers Ltd v Zahara Oil & Gas Limited, it noted the heightened standard of proof in contempt. The mandamus had been served, and no respondent offered any explanation for non-compliance. Applying the Public Finance Management Act and Government Proceedings Act framework, the court held that the officer responsible for ensuring compliance was the County Executive Committee Member for finance and economic planning, the 2nd respondent, and found contempt proved against that officer only, no evidence supporting findings against the other respondents. The CECM was ordered to attend court personally on 18/2/2026 for mitigation and sentencing. No costs order was made at this stage.
Key legal issues
#01
Whether contempt of court was proved against the respondents
Holding
Contempt proved only against the 2nd respondent, the CECM for finance and economic planning
Reasoning
The order of mandamus was served and unopposed; no respondent tendered any explanation for non-compliance. Applying the Public Finance Management Act and Government Proceedings Act framework, the court identified the CECM for finance as the officer responsible for setting aside funds and ensuring compliance, while finding no evidence against the other respondents.
Legal principles established
#- Contempt must be proved to a standard higher than balance of probabilities but not beyond reasonable doubt, consistent with the gravity of the charge
- Where a county government is the judgment debtor, the officer responsible for ensuring compliance is the CECM for finance and economic planning
Court orders
#- 1.The Meru County Executive Committee Member responsible for finance and economic planning is found in contempt of the order of mandamus issued on 13/5/2025
- 2.The said County Executive Committee Member is required to personally attend court on 18/2/2026 at 12:00 noon for mitigation and sentencing
- 3.The contempt application is not found against the other respondents
- Jurisdiction invoked
- Section 5 of the Judicature Act and Sections 14 and 29 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Secretary, County Government of Meru & 4 others; Kaburu t/a Mwirigi Kaburu & Co. Advocates (Ex parte Applicant) (Environment and Land Case Judicial Review Application E013 of 2024) [2026] KEELC 716 (KLR)", Case Analysis (2026). Judicial Review Miscellaneous Application (Contempt of Court Notice of Motion dated 12/11/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/716/eng@2026-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.