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ELCPartially AllowedPetitioners'/Applicants' Notice of Motion dated 19th March, 2026 (arising from application dated 10th March, 2026)· [2026] KEELC 2857 (KLR)
Superclean Shine Enterprise Limited & 3 others v Kenya Railways Corporation & 4 others; Mainga, EBS, Managing Director Kenya Railways Corporation & another (Contemnor) (Environment and Land Petition E005 of 2026) [2026] KEELC 2857 (KLR)
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·~16 min to read original · ~4 min briefThe bottom line
#A Kenyan court found Kenya Railways' top two officials guilty of contempt for ignoring court orders, but has not yet decided their punishment.
What this practically means
#Executive summary
#This is a first-instance contempt-of-court ruling of the Environment and Land Court at Nairobi delivered by O. A. Angote, J on 14th May 2026. The Petitioners/Applicants, corporate entities claiming possession of a suit property off Lang'ata Road (km. 532/6, approximately 0.5723 hectares, Plot 209/1618) under a lease from the 1st Respondent, Kenya Railways Corporation, moved the court by Notice of Motion dated 19th March 2026 seeking a finding of wilful contempt of status quo conservatory orders issued on 11th March 2026, and committal, fines, or other sanctions against the Contemnors, Philip J. Mainga (Managing Director) and Stanley Gitari (acting Corporation Secretary). They alleged continued construction works, mobilisation of machinery and materials on the suit property after service of the orders. The 1st and 3rd Respondents, through the acting Corporation Secretary's affidavit, denied breach, contending the wall construction was on the opposite side of the railway line, outside the Applicants' occupation, and that the 1st Respondent is a compliant state corporation that immediately ceased works. Framing a single issue — whether the 1st and 3rd Respondents were in contempt — the court held contempt proceedings are quasi-criminal, with a standard of proof higher than balance of probabilities but below beyond reasonable doubt, and applied the four elements of civil contempt. Relying on the photographs and the Deputy Registrar's site visit report confirming ongoing masonry and construction activity at the locus, the court found the elements proved and held the Contemnors in contempt, referring them to appear for mitigation and sentencing, with costs against the 1st Respondent.
Key legal issues
#01
Whether the 1st and 3rd Respondents were in contempt of the status quo orders of 11th March, 2026
Holding
Yes. The orders were clear and unequivocal, service and knowledge were conceded, and independent evidence (photographs and the court-ordered site visit report) established ongoing construction activity in breach of the orders.
Reasoning
The court applied the four elements of civil contempt: clarity of the order, knowledge, breach, and deliberate conduct. The orders expressly prohibited construction and movement of materials. Knowledge was admitted by the Respondents' own affidavit asserting immediate cessation of works. The site visit report confirmed ongoing masonry works and construction materials at the locus in quo, rendering the Respondents' 'opposite side of the railway line' defence unpersuasive.
p. 8
Legal principles established
#- In order to succeed in civil contempt proceedings, an Applicant has to prove the terms of the order were clear, unambiguous and binding on the Respondent; knowledge of these terms by the Respondent; failure by the Respondent to comply with the terms of the order; and deliberate conduct by the Respondent.
- The standard of proof in contempt proceedings is higher than the balance of probabilities but not beyond reasonable doubt.
Court orders
#- 1.The 1st and 2nd Contemnors, Philip J. Mainga (Managing Director) and Stanley Gitari (acting Corporation Secretary) of Kenya Railways Corporation, are found to be in contempt of the orders issued on 11th March, 2026
- 2.The two Contemnors to appear before the court on a date to be fixed for mitigation and sentencing
- 3.The 1st Respondent to bear the costs of the Motion
- Jurisdiction invoked
- Section 5 of the Judicature Act and Section 29 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Superclean Shine Enterprise Limited & 3 others v Kenya Railways Corporation & 4 others; Mainga, EBS, Managing Director Kenya Railways Corporation & another (Contemnor) (Environment and Land Petition E005 of 2026) [2026] KEELC 2857 (KLR)", Case Analysis (2026). Petitioners'/Applicants' Notice of Motion dated 19th March, 2026 (arising from application dated 10th March, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2857/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.