Munene & 2 others (Suing as the Chairman, Secretary and Treasurer of Olive’S Village Resident Association and Welfare Group) v Ngure & 7 others (Environment and Land Case E082 of 2021) [2026] KEELC 727 (KLR)
The bottom line
#A Kiambu-area landowner who ignored a court restraining order was found in contempt and must appear for sentencing or face arrest.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to punish for contempt after invalidation of the Contempt of Court Act, 2016
The jurisdiction is anchored in the inherent power of the Court and section 5 of the Judicature Act, which imports English contempt law as at the time of the application.
Following the invalidation of the Contempt of Court Act, 2016, contempt jurisdiction rests on the Court's inherent power and section 5 of the Judicature Act. Section 5 preserves the power to punish for contempt as an incident of inherent jurisdiction and obliges courts to apply English contempt law as it exists when the application is instituted, a mandatory requirement per Christine Wangari Gachege and Shimmers Plaza.
Whether the 2nd Respondent was in contempt of the restraining order
Yes - all elements of civil contempt were established: a clear and binding order, knowledge, deliberate breach and willfulness.
The 2nd Respondent admitted constructing a stone fence, digging trenches and installing water tanks on suit properties subject to a restraining order. These admitted acts fell within the scope of the order and satisfied the elements of civil contempt: binding and unambiguous order, knowledge of terms, deliberate non-compliance and willfulness, with no evidence of inadvertence or excuse.
Legal principles established
#- To succeed in civil contempt, the applicant must prove the terms of the order, knowledge of these terms by the respondent, and the respondent's failure to comply; willfulness and bad faith are then ordinarily inferred, rebuttable on a balance of probabilities.
- Contempt proceedings are quasi-criminal and sanctions affecting personal liberty require proof beyond reasonable doubt or, in civil contempt, to a high standard of proof.
Court orders
#- 1.The application dated 14th March 2023 is allowed with costs
- 2.The 2nd Respondent is found in contempt of the court order of 13th October 2022
- 3.The 2nd Respondent to appear in court on 18.3.26 for mitigation and sentencing
- 4.Failure to appear, a warrant of arrest of the 2nd Respondent to be issued
- Jurisdiction invoked
- Section 5 of the Judicature Act and section 29 of the Environment and Land Act (inherent jurisdiction to punish for contempt)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munene & 2 others (Suing as the Chairman, Secretary and Treasurer of Olive’S Village Resident Association and Welfare Group) v Ngure & 7 others (Environment and Land Case E082 of 2021) [2026] KEELC 727 (KLR)", Case Analysis (2026). Notice of Motion dated 14th March 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/727/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.