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ELCAllowedNot stated in judgment (Mombasa Environment and Land Court; contempt proceedings arising from judgment of 26 September 2022)· [2026] KEELC 4809 (KLR)

Kandii & another v Achieng & 3 others (Environment and Land Case 53 of 2015) [2026] KEELC 4809 (KLR)

Environment and Land Court
28 July 2026
5,502 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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A Kenyan court jailed a Land Registrar for ignoring a land ownership ruling, warning that public officials must obey court orders or face personal consequences.

What this practically means

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Executive summary

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This is a Notice to Show Cause in contempt proceedings before the Environment and Land Court at Mombasa, arising from a judgment delivered by Munyao Sila J on 26 September 2022 in which the plaintiffs were declared rightful proprietors of land parcel Kwale/Galu/Kinondo/410, the Land Registrar was ordered to cancel any green card favouring the 1st and 2nd defendants, to retain the green card displayed by the plaintiffs as the proper one, and the plaintiffs obtained a permanent injunction and costs. The plaintiffs complained that although the decree was registered on 18 October 2022 and the defendants' entries cancelled, the Registrar failed to register the plaintiffs and issue them a title deed, and instead closed the title on subdivision on 2 February 2023, creating new titles nos 1829-1849 for third parties never party to the suit. The Land Registrar (Susan Mueni) replied that she was never personally served, that she complied by entering and registering the decree, that the land had been subdivided by the plaintiffs themselves in 2011, and that the court never ordered cancellation of the subdivisions. Ombwayo J found the decree clear and unambiguous, held that closing the title and creating new titles was not ordered by the court and amounted to deliberate disobedience, and applying Econet Wireless and the four-element test for civil contempt, found the Land Registrar in contempt. She was sentenced to six months' imprisonment, in the alternative a fine of Kshs 250,000, and directed to purge the contempt by revoking entry no. 6 of 2 February 2023.

Key legal issues

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01

Whether the Land Registrar Kwale was in contempt of the orders of 17 October 2022

Holding

Yes. The Registrar closed the title on subdivision and created new titles, an action not ordered by the court, thereby rendering the decree worthless.

Reasoning

The court found the decree clear and unambiguous: the plaintiffs were to be registered as rightful proprietors of Kwale/Galu/Kinondo/410 and further transactions were to be within the green card displayed by the plaintiffs. Contrary to this, the Registrar closed the title on subdivision into portions 1829-1849 without any court order and, in the court's view, appeared to hold brief for third parties who were never before the court.

p. 19
02

Applicable standard and elements of proof in civil contempt

Holding

The applicant must prove the terms of the order, knowledge of the order, failure to comply and deliberate action, to a standard higher than balance of probabilities but short of beyond reasonable doubt.

Reasoning

The court adopted the authorities of North Tetu Farmers Co. Ltd v Joseph Nderitu Wanjohi and Gatharia K. Mutikika v Baharini Farm Ltd on the elements and standard of proof for civil contempt. Having found the decree clear, known to the Registrar, and deliberately contravened, the court held the elements proved.

p. 16

Legal principles established

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  • The applicant for civil contempt must prove the terms of the order, knowledge of the terms by the respondent, failure to comply, and that the breach was deliberate
  • It is the plain and unqualified obligation of every person against whom a court order is made to obey it unless and until it is discharged
  • A court's contempt power is intrinsic to its authority; disobedience of court orders strikes at the root of the rule of law
  • A party dissatisfied with a court order must seek review or appeal rather than disregard it

Court orders

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  1. 1.The Land Registrar, Kwale, Susan Mweni is found in contempt of court and is sentenced to 6 months in jail
  2. 2.In the alternative, the Land Registrar to pay a fine of Ksh 250,000
  3. 3.The Land Registrar to purge the contempt by revoking entry no. 6 entered on 2nd February 2023 in the register of the suit property
Jurisdiction invoked
Inherent contempt jurisdiction of the High Court/Environment and Land Court to punish for contempt of its own orders (contempt powers intrinsic to courts as held in Samuel M. N. Mweru v National Land Commission)

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, "Kandii & another v Achieng & 3 others (Environment and Land Case 53 of 2015) [2026] KEELC 4809 (KLR)", Case Analysis (2026). Not stated in judgment (Mombasa Environment and Land Court; contempt proceedings arising from judgment of 26 September 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4809/eng@2026-07-28

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