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ELCStruck OutNot stated in the judgment (Motion dated 12th November, 2024)· [2026] KEELC 1423 (KLR)

Kanyi & 3 others v Nextgen Office Suites Limited & 4 others (Environment and Land Case E063 of 2022) [2026] KEELC 1423 (KLR)

Environment and Land Court
12 March 2026
4,525 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiffs/Applicants moved the court by a Notice of Motion dated 12th November 2024, seeking that Rameshkumar Kantilal Amlani, a director of the 1st Defendant, be cited and committed to civil jail for contempt of the court's ruling of 16th March 2023 and order of 26th April 2023, which had granted leave to incorporate a management corporation for Nextgen Commercial Centre on L.R No. 209/18648, Nairobi and inhibited dealings with the property outside the sectional conversion process. The Applicants relied on post-ruling entries in the land register as evidence of defiance. The alleged contemnor denied willful disobedience, explaining that sub-leases for the four impugned entries had been executed before the ruling and that registrations were carried out by the financier's project lawyers directly with purchasers; three of the four entries were in favour of the 3rd Plaintiff, Sanjay Jadayi Shivji. The defence also contended that the director could not be cited personally absent an order lifting the corporate veil. The court framed a sole issue: whether the plea to cite the director for contempt was merited. It accepted that the orders were clear, binding, and known to the parties through counsel. However, noting that the orders were directed at the 1st Defendant company and that no prayer had been sought to lift or pierce the corporate veil, the court found that the claim against the director was fatally defective. The Motion was struck out with costs.

Key legal issues

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01

Whether a director may be cited for contempt of orders directed at his company

Holding

No - absent an application to lift or pierce the corporate veil, contempt proceedings cannot lie against a director personally

Reasoning

The court held that companies are separate legal entities from their directors. Relying on Africa Management Communication International and Geoffrey Kathuri Kison, it noted that to hold directors personally liable they must be served or have personal knowledge, and the proper procedure is first to lift the corporate veil. The Motion contained no such prayer, which was fatal to the claim against the director.

p. 9
02

Elements of civil contempt and standard of proof

Holding

Four elements must be proved: clear and unambiguous terms, knowledge, breach, and deliberate conduct, to a standard higher than balance of probabilities but short of beyond reasonable doubt

Reasoning

Citing Mutitika v Baharini Farm via the Supreme Court in Republic v Ahmad Abolfathi Mohammed, the court reiterated that contempt is quasi-criminal; because committal affects liberty, the power must be exercised with utmost care and only as a last resort. The applicant must prove clear, binding order terms, knowledge, breach and deliberateness.

p. 7
03

Knowledge of orders without personal service

Holding

Personal service is not a prerequisite where the alleged contemnor had actual knowledge; here the parties were represented by counsel when the ruling was delivered

Reasoning

The court reaffirmed Shimmers Plaza and found that since the 1st Defendant was represented by counsel (M/s Leseigor) at delivery of the ruling, it had knowledge of the orders of 16th March 2023, satisfying the knowledge element.

p. 8

Legal principles established

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  • A director of a company cannot be held personally liable for contempt of orders directed at the company unless the corporate veil is first lifted or pierced
  • The standard of proof in contempt proceedings is higher than the balance of probabilities but not beyond reasonable doubt, being quasi-criminal in nature
  • Knowledge of a court order supersedes the strict requirement of personal service for contempt purposes

Court orders

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  1. 1.The Notice of Motion dated 12th November, 2024 is struck out with costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 159, 232, 259
  • Environment and Land Court Act, 2011Section 29
  • Civil Procedure ActSections 3, 3A
  • Judicature Act, Cap. 8Sections 2, 5(1)
  • Rules of the Supreme Court of England 1965Order 52 Rule 2(2)
  • Contempt of Court Act 1981 (Laws of England)
  • Civil Procedure (Amendment No. 2) Rules, 2012 (England)Part 8
  • Contempt of Court Act, 2016 (repealed)
  • Sectional Properties Act, 2020

Cases cited (19)

  • Stephen Njoroge Gikera & another vs Econite Mining Company Limited & 7 Others
    (2018) eKLR
  • Zingo Investment Limited vs Miema Enterprises Limited
    (2015) eKLR
  • Christine Wangari Gachege vs Elizabeth Wanjiru Evans & 11 Others
    (2014) eKLR
  • DKG vs EG
    (2021) eKLR
  • Samuel M.N. Mweru & Others vs National Land Commission & 2 Others
    (2020) eKLR
  • Republic v Ahmed Abolfathi Mohamed & another
    (2018) eKLR
  • A.B. & Another v R.B.
  • Burchell v Burchell (Case No. 364 of 2005)
  • Shimmers Plaza Limited vs National Bank of Kenya Limited
    (Civil Appeal No. 33 of 2012) [2015] eKLR
  • Teachers Service Commission vs Kenya National Union of Teachers & 2 others
    [2013] eKLR
  • Mutitika vs Baharini Farm Limited
    [1985] KLR 229
  • Johnson v Grant
    (1923) SC 789
  • Katsuri Limited vs Kapurchand Depar Shah
    [2016] KEHC 6447 (KLR)
  • The Kenya Human Rights Commission vs Attorney General & Another
    [2018] eKLR
  • Republic vs Ahmad Abolfathi Mohammed & another
    [2019] eKLR
  • North Tetu Farmers Co. Ltd vs Joseph Nderitu Wanjohi
    (2016) eKLR
  • Republic vs Attorney General & another Exparte Mike Maina Kamau
    [2020] eKLR
  • Africa Management Communication International Limited vs Joseph Mathenge Mugo & another
    [2013] KEHC 7019 (KLR)
  • Geofirey Kathuri Kison & 10 Others vs East Africa Portland Cement Company Limited & 5 Others
    [2021] eKLR
Jurisdiction invoked
Articles 10, 159, 232 and 259 of the Constitution; Section 29 of the Environment and Land Court Act, 2011; Sections 3, 3A of the Civil Procedure Act; Section 5 of the Judicature Act

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, "Kanyi & 3 others v Nextgen Office Suites Limited & 4 others (Environment and Land Case E063 of 2022) [2026] KEELC 1423 (KLR)", Case Analysis (2026). Not stated in the judgment (Motion dated 12th November, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1423/eng@2026-03-12

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