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ELCAllowedNotice of motion dated 13th February, 2026 in the petition (suit number not stated in judgment)· [2026] KEELC 3385 (KLR)

Abbas v County Government of Mandera & 6 others (Environment and Land Petition 418 of 2015) [2026] KEELC 3385 (KLR)

Environment and Land Court
4 June 2026
MCMbogo C.G.
1,112 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ordered police to arrest three Mandera County officials for ignoring a land settlement order for over three years.

What this practically means

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Executive summary

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This was a notice of motion dated 13th February, 2026 by the petitioner/applicant seeking enforcement of a consent order dated 31st January, 2023 against respondents who had previously been found in contempt of orders of the Environment and Land Court. The underlying judgment had been delivered in the applicant's favour on 29th September, 2021, and although the respondents had offered to settle the terms of the decree and Kshs.2,000,000/- was paid, the suit property had not been handed over and no compensation had been made. The applicant sought expedient enforcement of paragraphs 2 to 6 of the consent order, warrants of arrest against the County Secretary, Chief Finance Officer and Chief Executive Committee Member Lands of Mandera County Government, their production for sentencing, and costs. The respondents filed no response and no submissions were filed. The court, per Mbogo C.G. J, invoked Section 29 of the Environment and Land Court Act and applied the Supreme Court's decision in Republic v Mohammed & another and the High Court's decision in Kenya Human Rights Commission v Attorney General on the duty to obey court orders. Observing that more than three years had passed since the consent without compliance, the court found merit in the motion. It ordered warrants of arrest to issue forthwith against the three cited contemnors, directed the Inspector General of Police to arrest and produce them for sentencing, and awarded costs to the applicant, borne by the contemnors.

Key legal issues

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01

Enforcement of a consent order against parties already found in contempt

Holding

The court found merit in the application and directed that warrants of arrest issue against the cited contemnors and that they be produced for sentencing.

Reasoning

Judgment had been entered in the applicant's favour on 29th September, 2021 and despite a consent order of 31st January, 2023 offering settlement terms, the respondents failed to hand over the suit property or effect compensation, over three years after the consent. Their non-compliance was held to be in total disregard of the rule of law and the overriding objective of substantive justice, warranting committal machinery under Section 29 of the ELC Act.

p. 3
02

Consequences of disobeying orders of the Environment and Land Court

Holding

Any person who refuses, fails or neglects to obey an order of the court commits an offence under Section 29 of the Environment and Land Court Act, punishable by a fine of up to twenty million shillings or imprisonment for up to two years, or both.

Reasoning

The court invoked Section 29 of the Environment and Land Court Act as the statutory basis for punishing contempt, alongside the Supreme Court's guidance in Republic v Mohammed on the objects of contempt jurisdiction: vindicating the court's authority, upholding honourable conduct among advocates, and safeguarding court processes to sustain the rule of law.

p. 2

Legal principles established

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  • An act in contempt of court constitutes an affront to judicial authority and the court has the liberty and empowerment to mete out penalty for such conduct in a proper case.
  • Court orders must be obeyed and respected; the authority and dignity of courts are maintained when their orders are complied with.

Court orders

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  1. 1.Warrants of arrest to issue forthwith against the cited contemnors, namely the County Secretary, Mandera County Government, the Chief Finance Officer, Mandera County Government, and the Chief Executive Committee Member Lands, Mandera County Government, in strict enforcement of orders 2, 3, 4, 5, 6 and 8 of the consent dated 31st January 2023
  2. 2.The Inspector General of Police and/or designate to execute and ensure immediate arrest and produce the 5th, 6th and 7th respondents/cited contemnors in court for sentencing subject to the consent dated 31st January, 2023
  3. 3.The costs of the application to be borne by the cited contemnors
Jurisdiction invoked
Section 29 of the Environment and Land Court Act; Sections 1, 1A, 1B, 3, 3A, 34 and 63 of the Civil Procedure Act; Section 5(1) 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, "Abbas v County Government of Mandera & 6 others (Environment and Land Petition 418 of 2015) [2026] KEELC 3385 (KLR)", Case Analysis (2026). Notice of motion dated 13th February, 2026 in the petition (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3385/eng@2026-06-04

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