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ELCDismissedNot stated in the judgment· [2026] KEELC 3229 (KLR)

Murunga & another v Shikhutuli & 2 others (Environment and Land Case 1 of 2023) [2026] KEELC 3229 (KLR)

Environment and Land Court
20 May 2026
ANA. Nyukuri
1,911 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 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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This was a ruling on a Notice of Motion dated 18th February 2026 filed by the plaintiff in a land dispute over parcel No. N/Kabras/Matsakha/848. The plaintiff sought joinder of Emmanuel Malova Matayo and Butali Sugar Mills Limited, an injunction restraining payment of sugarcane proceeds from a harvest delivered under permit No. 437726, alternative deposit of the proceeds in court, and leave to cite and punish the defendant Maurice Jomo Shikhutuli for contempt of consent orders of 20th February 2025 maintaining status quo. The defendant denied violating the orders, asserting a prior lease by one Luka Matayo who had planted the cane. The court framed three issues: joinder, contempt, and whether the orders were merited. On joinder, applying Human Rights Alliance v Mumo Matemu, the court found no cause of action shown against the intended parties and declined to join them. On contempt, guided by section 5 of the Judicature Act and Hadkinson v Hadkinson, the court held that contempt must be proved to a quasi-criminal standard, and that the consent orders barred cultivation but did not bar harvesting cane already growing. The contempt claim therefore failed. The application dated 18th February 2026 was dismissed with costs; the ex parte orders of 20th February 2026 for deposit of the cane proceeds were discharged, and any proceeds already deposited were ordered released to Emmanuel Malova Matayo.

Key legal issues

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01

Joinder of intended parties

Holding

Joinder refused as no cause of action against the intended parties was demonstrated

Reasoning

The plaintiff did not show what claim he would bring against Butali Sugar Mills or Emmanuel Malova Matayo. He did not claim to have planted the cane or show where it was planted, so their presence was not necessary for effectual adjudication under Order 1 Rule 10(2).

p. 3
02

Contempt of consent orders

Holding

Contempt not proved; the consent order barred cultivation but not harvesting of cane already growing

Reasoning

The court found the parties had agreed not to cultivate the land, but the order did not bar harvesting what was already growing. Applying the quasi-criminal standard of proof, the plaintiff failed to establish wilful disobedience of clear and unambiguous orders.

p. 4

Legal principles established

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  • To prove contempt, the applicant must show unambiguous orders, awareness, and wilful disobedience
  • The standard of proof in contempt is higher than balance of probabilities but lower than beyond reasonable doubt
  • A party may be joined where their presence is necessary for effectual and complete adjudication

Court orders

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  1. 1.Dismissal of the Notice of Motion dated 18th February 2026 with costs
  2. 2.Discharge of the ex parte orders of 20th February 2026 directing that sugarcane proceeds under permit No. 437726 be deposited in court
  3. 3.Release of cane proceeds already deposited in court under permit No. 437726 to Emmanuel Malova Matayo
Jurisdiction invoked
Section 5 of the Judicature Act (contempt jurisdiction of Superior Courts)

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, "Murunga & another v Shikhutuli & 2 others (Environment and Land Case 1 of 2023) [2026] KEELC 3229 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3229/eng@2026-05-20

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