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ELCDismissedNot stated in the judgment (suit concerning LR No. 7918/736; Notice of Motion dated 08.05.2026)· [2026] KEELC 3579 (KLR)

Ethics and Anti-Corruption Commission v Karamoh Impex Transport Limited & others & 7 others (Environment and Land Case E003 of 2021) [2026] KEELC 3579 (KLR)

Environment and Land Court
3 June 2026
2,145 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 dismissed a contempt application because photographs without the required electronic certificate proved nothing, even though nobody opposed the application.

What this practically means

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Executive summary

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The 1st defendant/applicant, through a Notice of Motion dated 08.05.2026, sought a raft of contempt reliefs against the County Government of Isiolo, its officers and the 3rd interested party, alleging breach of a temporary injunction issued on 09.02.2026 restraining excavation and construction on LR No. 7918/736. The reliefs included cessation of construction, citation and punishment of named officers by committal to civil jail or fines, a mandatory order for demolition of structures, police-supervised enforcement, personal liability for demolition costs, and costs. The application was served but unopposed; only the applicant's counsel made submissions. The court framed two issues. First, an unopposed application does not accrue orders as of right; the applicant must still persuade the court, following Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli and Justus Ochieng v Attorney General. Second, on contempt, the court applied Mututika v Baharini Farm, holding that contempt must be proven to the satisfaction of the court on cogent and credible evidence. The applicant's sole evidence consisted of photographs annexed to the supporting affidavit, which were not accompanied by the electronic certificate required by section 106B of the Evidence Act; the court therefore found they had no probative value and could not prove contempt. The application, being unsupported by admissible evidence, was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether an unopposed application is granted as of right

Holding

No; the court must still interrogate the application and satisfy itself that it is meritorious

Reasoning

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.

p. 3
02

Whether the applicant proved contempt by the 3rd interested party

Holding

No; the only evidence was photographs lacking an electronic certificate under section 106B of the Evidence Act, hence of no probative value

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The Application dated 08.05.2026 be and is hereby Dismissed
  2. 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

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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, "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.