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ELCOtherELC NO. E039 OF 2024· [2026] KEELC 3822 (KLR)

Oruchum & another v Kiboi (Environment and Land Case E039 of 2024) [2026] KEELC 3822 (KLR)

Environment and Land Court
9 June 2026
LWL. N. Waithaka
648 words in judgment
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The bottom line

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A Kenyan court fined a man Ksh.30,000 for contempt, rejecting his claim of remorse after catching him lying about losing his job.

What this practically means

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Executive summary

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This is a sentencing decision of the Environment and Land Court at Busia in ELC No. E039 of 2024, following a finding of contempt against Greffin Cheboi by Olao J. on 29th October 2025. The contempt related to the contemnor's dealings in which he obtained Ksh.252,000 from the defendant, David Barasa Kiboi, conduct which Olao J. had also noted amounted to the criminal offence of obtaining money by false pretence contrary to section 313 of the Penal Code. The contemnor complied with the earlier order by refunding the Ksh.252,000 and was directed to appear physically for mitigation and sentencing on 16th March 2026. He failed to attend physically, claiming illness, and warrants of arrest issued; he later appeared with an advocate who produced medical documents showing he had been diagnosed with pneumonia and given five days' sick off covering the appearance date. In mitigation, his advocate urged leniency, stating he was remorseful, had lost his employment, and had learnt his lesson. The court independently enquired with the Judiciary Human Resource Department and established that the contemnor had only been interdicted on half salary, not dismissed. The court found his claim of job loss was a further lie to gain sympathy and was not convinced of his remorse. Nonetheless, taking into account his interdiction and his compliance with the refund order, the court fined him Ksh.30,000, with three months' imprisonment in default. The sentence was delivered by L. N. Waithaka J on 9th June 2026.

Key legal issues

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01

Credibility of the contemnor's mitigation and remorse

Holding

The court found the mitigation dishonest because the contemnor claimed he had lost his employment when in fact he had only been interdicted on half salary

Reasoning

The court independently verified with the Judiciary Human Resource Department that the contemnor had been interdicted and placed on half salary but not dismissed. The false claim of job loss, made to gain sympathy, undermined his claim of remorse, though the interdiction was still considered in sentencing.

p. 4
02

Appropriate sentence for contempt after compliance with refund orders

Holding

A fine of Ksh.30,000 with 3 months' imprisonment in default was imposed

Reasoning

The contemnor had complied with the prior order by refunding Ksh.252,000 to David Barasa, which the court took into account. Despite the dishonest mitigation, the fact of interdiction and partial compliance informed the choice of a fine rather than immediate custody.

p. 4

Legal principles established

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  • A contemnor who misleads the court in mitigation forfeits leniency; continued dishonesty may be taken into account in sentencing for contempt

Court orders

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  1. 1.A fine of Ksh.30,000 imposed on the contemnor Greffin Cheboi, in default 3 months' imprisonment for contempt
Jurisdiction invoked
Inherent contempt jurisdiction of the Environment and Land Court (contempt of court proceedings before Olao J. in the same suit)

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, "Oruchum & another v Kiboi (Environment and Land Case E039 of 2024) [2026] KEELC 3822 (KLR)", Case Analysis (2026). ELC NO. E039 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3822/eng@2026-06-09

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