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ELCPartially AllowedNot stated in the judgment· [2026] KEELC 2065 (KLR)

Ndambuki v Muia & another (Environment and Land Case E032 of 2025) [2026] KEELC 2065 (KLR)

Environment and Land Court
16 April 2026
EOE. Obaga
1,528 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Plaintiff (Applicant) applied for the 1st Defendant/Respondent, Alois Muia, to be committed to civil jail for six months for contempt of an injunction issued on 25th September 2025 restraining eviction or demolition of buildings on plot 648 at Emali Town, with the OCS Emali to assist in arrest, plus costs. The Applicant alleged the orders, served on 29th September 2025 by process server Justus Mbweli Nzina, were disobeyed when the Respondent demolished the building on the night of 9th/10th October 2025 under police supervision. The Respondent denied contempt, asserting he was enforcing a lawful decree of 28th December 2018 over Emali Township Block 1/98, affirmed by the Court of Appeal in Civil Appeal No. 123 of 2019, with no stay in place, and that a similar application had been dismissed on 15th May 2025. The court framed a single issue: whether the Applicant proved contempt of the 25th September 2025 order. Applying the Rose Detho line of authority, the court held that a party who knows of an order cannot disobey it on his own view that it is null or irregular; the proper course was to apply for discharge of the order. The Respondent's disregard was found willing, and he was adjudged guilty of contempt. Sentencing was deferred to a date to be given after delivery of the ruling; the Applicant received costs. The claim succeeded only to the extent of the guilty finding and costs, with committal and arrest left to the sentencing stage.

Key legal issues

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01

Whether the Respondent was in contempt of the injunction order of 25th September, 2025

Holding

Yes. The order was clear, was served by a process server, service was not denied, and the Respondent willingly demolished the building without applying to discharge the order, even if he was executing an earlier decree.

Reasoning

The court found the injunction order was served by process server Justus Mbweli Nzina, whose affidavit was uncontroverted. The Respondent admitted demolishing the structures but claimed he was enforcing a 2018 decree upheld on appeal. The court held that even a party executing a lawful decree must first obey or seek discharge of a subsisting order; self-help is not permitted. Whether plot 648 existed within Block 1/98 was irrelevant to the contempt question.

p. 3
02

Whether enforcement of a prior decree in respect of a different parcel is a defence to contempt

Holding

No. The Respondent could not decide for himself that the injunction order did not bind him because he was enforcing another decree.

Reasoning

Relying on Rose Detho v Ratilal Automobile Ltd and the authorities cited therein (Worbun Limited v Margaret Bashford and Refrigeration and Kitchen Utensils Ltd v Gulabanchand Potatlal Shah), the court held that a party who knows of an order cannot disobey it on the ground that it is null or irregular; he must come to court for its discharge. Had the Respondent responded to the injunction application the outcome might have differed given the earlier judgment affirmed by the Court of Appeal.

p. 3

Legal principles established

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  • A party who knows of a court order, whether null or valid, regular or irregular, must obey it or apply to court for its discharge; he cannot judge for himself whether to disobey it.
  • A party obliged by an order cannot ignore it on the belief that it was illegally or irregularly obtained; the proper course is to apply for discharge of the order.

Court orders

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  1. 1.A finding that the Respondent is guilty of contempt of the court order of 25th September, 2025
  2. 2.The Respondent to appear before the court on a date to be given after delivery of the ruling for appropriate sentence
  3. 3.The Applicant to have costs of the application
Jurisdiction invoked
Inherent contempt jurisdiction of the Environment and Land Court over disobedience of its own orders (no specific statutory provision cited)

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, "Ndambuki v Muia & another (Environment and Land Case E032 of 2025) [2026] KEELC 2065 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2065/eng@2026-04-16

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