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ELCPartially AllowedELC Case at Busia (orders of 7th November 2024 and 28th March 2025 referenced; Motions dated 27th February 2025 and 24th March 2025)· [2026] KEELC 1190 (KLR)

Ng’ang’a v Ng’anga & 3 others (Environment and Planning Civil Case E001 of 2024) [2026] KEELC 1190 (KLR)

Environment and Land Court
27 February 2026
4,110 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan court found two family members in contempt for defying orders banning them from collecting rent, and directed all tenants to pay rent into a court-approved account.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Busia (Olao J) determines two motions simultaneously: the Plaintiff's Notice of Motion dated 27th February 2025 seeking contempt findings against James Ndirangu Ng'ang'a and Benson Ng'ang'a for breaching the injunctive orders of 7th November 2024 and 28th March 2025 (which restrained interference with, and collection of rent from, Busia/Municipality/532, 533 and 535), and NCBA Bank Ltd's Motion dated 24th March 2025 seeking joinder and directions on where to deposit rent payable under its lease over part of Busia/Municipality/532. On contempt, the Court held that personal service was unnecessary since the orders had been delivered to counsel, applying Shimmers Plaza Ltd v National Bank of Kenya Ltd and Hadkinson v Hadkinson. Photographs, WhatsApp messages directing tenants to pay Bennandira Ltd, and invoices including one to Equity Bank established contempt to the standard of 'almost but not exactly beyond reasonable doubt' (Mutitia v Baharini Farm Ltd). The 2nd Contemnor filed no reply. The Court declined to issue sequestration orders and deferred punishment, summoning the Contemnors for mitigation and sentence on 10th March 2026. On the interpleader, NCBA Bank was joined and directed, together with all tenants, to pay rent into the plaintiff's Diamond Trust Bank account, consistent with a similar order of the Chief Magistrate's Court of 3rd September 2024. As the protagonists are family, each party was ordered to bear their own costs.

Key legal issues

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01

Notice of the injunctive orders without personal service

Holding

Service on counsel suffices; the Contemnors had knowledge of the orders of 7th November 2024 and 28th March 2025

Reasoning

The order was delivered to counsel for both parties, so personal service was unnecessary. Relying on Shimmers Plaza Ltd v National Bank of Kenya Ltd, the Court held that where counsel had notice, knowledge of the contemnor is inferred. The 1st Contemnor did not deny service, and the 2nd Contemnor filed no reply, so the plaintiff's averments stand unchallenged.

p. 6
02

Whether the Contemnors were in contempt

Holding

Both Contemnors were in contempt of the orders of 7th November 2024 and 28th March 2025

Reasoning

The plaintiff produced photographs of the 1st Contemnor on the suit property, WhatsApp messages directing tenants to pay rent to Bennandira Ltd, and invoices issued to tenants including Equity Bank. The Contemnors did not deny ownership of the phone numbers. The 1st Contemnor's own affidavit asserted tenants must pay Bennandira Ltd. The threshold of proof for contempt was met, and the Contemnors were summoned for mitigation and sentence.

p. 8
03

Deposit of rent pending determination of the suit

Holding

All tenants, including NCBA Bank Ltd as Interpleader, must pay rent into the plaintiff's identified Diamond Trust Bank account

Reasoning

The orders of 7th November 2024 did not specify an account, but the plaintiff had now identified one and the Court was prepared to oblige. A similar order had been issued on 3rd September 2024 in Busia Chief Magistrate's Court Criminal Application No E135 of 2024 directing tenants to pay into the same account. NCBA's application to join the suit and be directed where to pay rent was accordingly resolved.

p. 8

Legal principles established

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  • Personal service of a court order is not mandatory where the contemnor's counsel had notice of the order; knowledge of the client may be inferred from the solicitor being informed
  • Every person against whom a court order is made must obey it unless and until it is discharged, even if they believe it to be irregular or void
  • The standard of proof for contempt is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt

Court orders

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  1. 1.James Ndirangu Ng'ang'a and Benson Ng'ang'a (1st and 2nd Contemnors) are found to be in contempt of the orders issued on 7th November 2024 and 28th March 2025
  2. 2.The Contemnors are summoned to appear before the Court on 10th March 2026 for mitigation and sentence
  3. 3.All tenants in Busia/Municipality/532, 533 and 535 to forthwith pay their rent into the Diamond Trust Bank account in the names of Esther Ng'ang'a and Margaret Ng'ang'a, Account No 50575xxxxx, Busia Branch
  4. 4.NCBA Bank Kenya Ltd is joined in the suit
  5. 5.NCBA Bank Kenya Ltd to forthwith pay the rent for the premises occupied on the ground floor on title number Busia/Municipality/532 and/or any other outstanding rent into the identified account until the suit is heard and determined or until further orders
  6. 6.All parties shall meet their own costs of the Motions
Jurisdiction invoked
Section 29 of the Environment and Land Court Act; Sections 1A, 3A and 58 of the Civil Procedure Act and Order 34 Rules 1, 2, 5, 6, 8 and 9 of the Civil Procedure Rules (interpleader)

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, "Ng’ang’a v Ng’anga & 3 others (Environment and Planning Civil Case E001 of 2024) [2026] KEELC 1190 (KLR)", Case Analysis (2026). ELC Case at Busia (orders of 7th November 2024 and 28th March 2025 referenced; Motions dated 27th February 2025 and 24th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1190/eng@2026-02-27

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