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ELCPartially AllowedNot stated in judgment

Dodhia v Kung’u & another (Environment and Land Case 1577 of 2014) [2026] KEELC 1336 (KLR)

Environment and Land Court
9 March 2026
3,301 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court found a seller in contempt for refusing to honour a 2017 land sale judgment, and she must show cause why she should not be jailed.

What this practically means

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Executive summary

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The plaintiff/applicant moved the Environment and Land Court by notice of motion dated 27th August, 2025, seeking the conviction of the 1st defendant for contempt of the judgment delivered on 12th October, 2017 and the decree issued on 14th February, 2018, together with attachment of her property, committal to prison, compliance with the decree by handing over possession of LR No. 7741/422, and police assistance at the handover. The 1st defendant filed a preliminary objection contending that Order 22 of the Civil Procedure Rules does not provide contempt as a mode of enforcing a decree, that the application amounted to an abuse of process after judgment, and that the application introduced parties different from those in the suit. Applying Mukisa Biscuits, Musakali and Oraro v Mbaja, the court dismissed the preliminary objection, holding it did not raise pure points of law. The court noted that Order 22 rule 29(1) provides the proper avenue for delivery of possession, and that the applicant, now holding a certificate of title, should seek eviction through that route; but section 29 of the Environment and Land Court Act empowers the court to punish willful disobedience of its orders even after judgment. Interpreting order 3 of the decree, which declared a valid sale agreement, the court held the parties remained bound by its terms, and that the 1st defendant's refusal to complete the sale by receiving the balance of the purchase price, nearly nine years after judgment, constituted contempt. The court issued a notice to show cause why she should not be committed to jail or punished, directed her appearance on 22nd April, 2026, provided for warrants of arrest on default, and awarded costs of the application to the plaintiff.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the notice of preliminary objection dated 10th November, 2025 raises pure points of law capable of disposing of the application
  2. 2.Whether Order 22 of the Civil Procedure Rules precludes contempt proceedings as a mode of enforcing the decree
  3. 3.Whether filing an application after judgment has been delivered amounts to an abuse of the process of the court
  4. 4.Whether the 1st defendant/contemnor is in contempt of the judgment and decree of 12th October, 2017 and 14th February, 2018

Key legal issues

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01

Whether the preliminary objection raised pure points of law

Holding

The preliminary objection did not raise pure points of law and was dismissed with costs

Reasoning

Applying Mukisa Biscuits, Musakali and Oraro v Mbaja, the court held that a valid preliminary objection must be a pure point of law on agreed facts capable of disposing of the matter without trial. The grounds raised were factual or confusing: whether contempt lies after judgment under section 29 of the ELC Act is a question of law the court resolved against the objector, and the abuse-of-process ground rested on contested matters.

p. 4
02

Whether Order 22 bars contempt as a mode of enforcing the decree

Holding

Order 22 rule 29 provides the avenue for delivery of possession, but it does not oust the court's contempt jurisdiction under section 29 of the ELC Act for willful disobedience of orders

Reasoning

The court noted the applicant never invoked Order 22, and that rule 29(1) provides for delivery of possession of immovable property, meaning the applicant should seek eviction through that route since he holds a certificate of title. However, section 29 of the ELC Act grants the court power to punish willful disobedience of its orders, and that power survives the delivery of judgment, as illustrated by the cited authorities.

p. 4
03

Whether the 1st defendant was in contempt of the judgment and decree

Holding

The 1st defendant was found in contempt of the judgment of 12th October, 2017 and the decree of 14th February, 2018 pursuant to order 3 thereof

Reasoning

The decree did not expressly order handing over of possession, but order 3 declared a valid sale agreement whose terms bound both parties. The 1st defendant refused to complete the sale by receiving the balance of the purchase price despite the plaintiff's documented attempts to pay, and her advocate's letter of 20th May, 2025 displayed total disregard of the court's orders. Nearly nine years after judgment, this amounted to willful disobedience warranting a notice to show cause.

p. 7

Legal principles established

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  • For a preliminary objection to succeed it must be a pure point of law, not blurred by disputed facts, and capable of disposing of the matter without trial
  • The contempt jurisdiction should be exercised with greatest reluctance where another method of doing justice exists
  • The power to punish for contempt under section 29 of the Environment and Land Court Act survives delivery of judgment and transcends even after judgment

Court orders

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  1. 1.The notice of preliminary objection dated 10th November, 2025 is dismissed with costs to the plaintiff/applicant
  2. 2.A notice to show cause to issue forthwith to the 1st defendant/contemnor to show cause why she should not be committed to jail or punished
  3. 3.The 1st defendant/contemnor to appear in court on 22nd April, 2026 at 2.30 p.m. for the said notice to show cause
  4. 4.Failure to comply with the attendance order, warrants of arrest to issue
  5. 5.The plaintiff/applicant is entitled to the costs of this application, to be borne by the 1st defendant/contemnor

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 29 of the Environment and Land Court Act; Section 5 of the Judicature Act

Relief refused

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Immediate conviction of the 1st defendant for contempt and attachment of her property or committal to prison (as sought in the notice of motion)

The court did not convict outright but issued a notice to show cause; and on possession, the applicant was directed to the execution route under Order 22 rule 29 rather than contempt

p. 5

Costs

The notice of preliminary objection and the application were each allowed with costs to the plaintiff/applicant; the costs to be borne by the 1st defendant/contemnor.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

A notice to show cause to issue forthwith to the 1st defendant/contemnor to show cause why she should not be committed to jail or punished.
p. 7Final orders - notice to show cause
The plaintifi/applicant is entitled to the costs of this application. The same to be borne by the 1st defendant/contemnor.
p. 7Final orders - costs
It is my finding that the 1st defendant/contemnor is in contempt of the judgment of this court delivered on 12th October, 2017 and the decree issued on 14th February, 2018 pursuant to Order 3 thereof.
p. 7Finding of contempt
Recourse ought not to be had to process of contempt in aid of a civil remedy where there is any other method of doing justice.
p. 5Restraint in exercise of contempt jurisdiction
This provision of the law grants this court the power to punish for willful disobedience of its orders as when it arises. The application of the same provision transcends even after judgment.
p. 4Survival of contempt power after judgment
for a preliminary objection to succeed, the same must consist of a pure point of law, with the facts not disputed by the opposing party.
p. 3Test for preliminary objections

Issues in the judgment

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minor

The judgment cites 'Order 22 of the Civil Procedure Rules' as a ground of the preliminary objection but does not specify the statute or rules under which the Environment and Land Court proceedings were brought; the applicant's motion invokes English Civil Procedure Rules (Rules 23.3 & 81.4) via Section 5 of the Judicature Act, and the case number of the suit is not stated anywhere in the judgment.

minor

The judgment refers to section 29 of 'the Environment and Land Court' without the word 'Act' in the text, and quotes Article 24 of a passage from KHRC v Attorney General while numbering it '57.' mid-quote, suggesting typographical irregularities in the quoted passage.

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, "Dodhia v Kung’u & another (Environment and Land Case 1577 of 2014) [2026] KEELC 1336 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1336/eng@2026-03-09

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