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ELCDismissedNot stated in judgment (Notice of Motion dated 15th January, 2026)· [2026] KEELC 1301 (KLR)

Kibwambok v Rono & 2 others (Land Originating Summons E016 of 2025) [2026] KEELC 1301 (KLR)

Environment and Land Court
5 March 2026
2,344 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An Eldoret court refused to jail landowners for breaking a court order because the applicant's photos and evidence didn't actually prove they did.

What this practically means

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Executive summary

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The Applicant moved the Environment and Land Court at Eldoret by Notice of Motion dated 15th January, 2026 seeking to cite the three Respondents and the OCS Jua Kali Police Station for contempt of court orders of 2nd October, 2025 (amending status quo orders of 15th May, 2025) and their committal to civil jail for six months. He alleged the Respondents had wilfully evicted him from his portion of Uasin Gishu/Sosioni/87 and prevented his farming activities despite service of the orders, and reported the matter to the police. The Respondents denied the contempt, asserted they had fully complied with the orders, maintained the status quo, and contended the Applicant had failed to prove the acreage allegedly invaded or his eviction; they also challenged the electronic evidence certificate. In written submissions, the Applicant invoked section 5 of the Contempt of Court Act, sections 63 and 3A of the Civil Procedure Act and case law; the Respondents relied on Mohamed v Gaitho and Bhatnager. The court framed one issue: whether contempt was proved. It noted the Contempt of Court Act was declared unconstitutional in 2018, reverting contempt to section 5 of the Judicature Act. Applying Samuel M. N. Mweru on the four elements of civil contempt and Katsuri Limited on the heightened standard of proof, the court found the orders clear and the Respondents had notice, but the photographs did not prove eviction, and the Respondents' photographs showed the Applicant's houses intact. The evidential objection under sections 78A and 106B of the Evidence Act failed because the Respondents themselves were non-compliant. The application was dismissed with costs to the Respondents on 5th March, 2026 by C. K. Yano, ELC Judge.

Key legal issues

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01

Whether the Respondents were in contempt of the status quo orders of 15th May and 2nd October, 2025

Holding

No contempt established; the Applicant failed to prove eviction or breach of the order to the requisite standard

Reasoning

The court found the orders clear and unambiguous and accepted the Respondents had notice, having been served and having admitted service. However, the Applicant's photographs showing a temporary gate, tilled land and a tractor did not demonstrate eviction, and the Respondents' photographs showed the Applicant's houses still standing. The standard of proof in contempt is higher than ordinary civil cases because liberty is at stake, and the Applicant did not discharge that burden.

p. 5
02

The applicable law on contempt and the standard of proof

Holding

The Contempt of Court Act having been declared unconstitutional, contempt is governed by section 5 of the Judicature Act; proof must be beyond reasonable doubt, at least higher than the civil standard

Reasoning

The court noted the Applicant had cited the since-invalidated Contempt of Court Act and directed that the law reverted to the Judicature Act. Relying on Katsuri Limited v Kapurchand Depar Shah, it held that committal affects liberty and must be exercised with great care as a last resort, requiring proof of deliberate breach to a heightened standard, which the Applicant did not meet.

p. 5
03

Admissibility of the electronic evidence (photographs and certificate)

Holding

The objection failed because the Respondents themselves annexed photographs without complying with Sections 78A and 106B of the Evidence Act

Reasoning

The Respondents argued the certificate was defective as it was signed by the Applicant rather than the photographers, and lacked device details. The court found the objection disingenuous since the Respondents had also annexed non-compliant photographs, applying the principle that a party cannot approbate and reprobate.

p. 5

Legal principles established

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  • The Contempt of Court Act No. 46 of 2016 was declared unconstitutional and the law on contempt reverted to section 5 of the Judicature Act
  • Civil contempt requires proof of four elements: clear and unambiguous terms of the order; knowledge or notice; breach; and deliberate conduct, to a standard higher than ordinary civil cases
  • A party cannot fault an opponent's non-compliance with evidentiary requirements it has itself failed to meet

Court orders

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  1. 1.The Application dated 15th January, 2026 is dismissed with costs to the respondents

Authorities

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Legislation

  • Contempt of Court ActSection 5
  • Civil Procedure ActSections 63 and 3A
  • Judicature ActSection 5
  • Evidence ActSections 78A and 106B

Cases cited (6)

  • Wendano Matuu Co. Ltd & 2 Others v Joshua Kimeu Kioko & 8 Others
    HCC No. 2 of 2014
  • Mohamed v Gaitho
    (2024) KEHC 11841 (KLR)
  • Bhatnager v Canada (Minister of Employment and Immigration)
    1990 (ANL11120/SCC) (1990) 2 SCR 217
  • Kenya Human Rights Commission versus Attorney General & Another
    (2018) eKLR
  • Samuel M. N. Mweru & Others v National Land Commission & 2 others
    (2020) KEHC 9233 (KLR)
  • Katsuri Limited v Kapurchand Depar Shah
    (2016) KEHC 6447 (KLR)
Jurisdiction invoked
Section 5 of the Judicature Act (matters of contempt), following the invalidation of the Contempt of Court Act, and Sections 63 and 3A of the Civil Procedure Act as invoked by the Applicant

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, "Kibwambok v Rono & 2 others (Land Originating Summons E016 of 2025) [2026] KEELC 1301 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 15th January, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1301/eng@2026-03-05

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