Ethics and Anti-Corruption Commission v Karamoh Impex Transport Limited & others & 7 others (Environment and Land Case E003 of 2021) [2026] KEELC 3579 (KLR)
The bottom line
#A Kenyan court dismissed a contempt application because photographs without the required electronic certificate proved nothing, even though nobody opposed the application.
What this practically means
#Executive summary
#Key legal issues
#Whether an unopposed application is granted as of right
No; the court must still interrogate the application and satisfy itself that it is meritorious
Relying on Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli and Justus Ochieng v Attorney General, the court held that an applicant remains obliged to persuade the court even absent opposition. Judicial discretion is judicious, not mechanical, and must be exercised reasonably and in accordance with the rule of law; orders do not issue merely for the asking.
Whether the applicant proved contempt by the 3rd interested party
No; the only evidence was photographs lacking an electronic certificate under section 106B of the Evidence Act, hence of no probative value
Contempt carries the risk of loss of liberty and must be proven to the satisfaction of the court. The applicant relied solely on photographs annexed to the supporting affidavit, which were not accompanied by the mandatory electronic certificate. Without them the application was made in a vacuum and failed.
Legal principles established
#- An unopposed application does not entitle an applicant to orders as of right; the applicant must still persuade the court that the application is meritorious
- Contempt must be proven to the satisfaction of the court on cogent, compelling and credible evidence
- Electronic evidence such as photographs must be accompanied by a certificate under section 106B of the Evidence Act to have probative value
Court orders
#- 1.The Application dated 08.05.2026 be and is hereby Dismissed
- 2.Each party shall bear own costs of the application
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(c) of the Civil Procedure Act; Order 40 Rule 3 of the Civil Procedure Rules; section 5 of the Judicature Act; Article 159 of the Constitution, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Karamoh Impex Transport Limited & others & 7 others (Environment and Land Case E003 of 2021) [2026] KEELC 3579 (KLR)", Case Analysis (2026). Not stated in the judgment (suit concerning LR No. 7918/736; Notice of Motion dated 08.05.2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3579/eng@2026-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.