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ELCPartially AllowedMSA. ELC MISC. E018 OF 2026· [2026] KEELC 4940 (KLR)

Mwembelegeza Community Residents v Faruk; Secretary County Government of Mombasa & 4 others (Environment and Land Miscellaneous Application E018 of 2026) [2026] KEELC 4940 (KLR)

Environment and Land Court
30 July 2026
2,474 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court found a county official in contempt for ignoring orders to stop developments on community land, and he must personally appear to explain why he should not be jailed.

What this practically means

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Executive summary

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By a Notice of Motion dated 16th March 2026, the Mwembelegeza Community Residents sought contempt findings against five Respondents for disobedience of a judgment of 3rd May 2023 in ELC Petition No. 35 of 2020 and mandamus orders issued on 29th January 2025 by Justice Stephen Kibunja, compelling the County Government of Mombasa and NEMA to satisfy the decree requiring removal of developments on Plot No. 1476 Mwembelegeza Scheme. The Applicants sought committal to civil jail for up to six months or, in the alternative, a fine. The Respondents filed no response despite service. The court, per J.O. Olola J, confirmed its contempt jurisdiction under Section 5 of the Judicature Act and Section 29 of the Environment and Land Court Act, and applied the established test requiring proof of the terms of the order, knowledge, and non-compliance, to an almost criminal standard of proof. On service, the court found no lawful service on the 2nd to 5th Respondents and no evidence of the mandate under which they were said to effect demolition, and declined to find them in contempt. However, the 1st Respondent (County Secretary) acknowledged the orders by letter of 11th February 2025 and did nothing, amounting to blatant disregard. The court issued a Notice to Show Cause requiring the 1st Respondent to appear personally on 22nd September 2026 and awarded costs against him.

Key legal issues

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01

Service of contempt orders on the 2nd to 5th Respondents

Holding

The 2nd to 5th Respondents were not properly served with the orders and thus could not be held in contempt

Reasoning

Order 48 Rule 2 of the Civil Procedure Rules requires service in the manner of service of summons, and personal service is a prerequisite to enforcement of an order. The Applicants relied on letters and emails but the court found no evidence of service in the manner required by law on the 2nd to 5th Respondents, and no evidence of the mandate said to require them to effect demolition.

02

Contempt by the 1st Respondent

Holding

The 1st Respondent was aware of the mandamus orders and deliberately disregarded them

Reasoning

The extracted orders were served at the County Attorney's Office on 4th February 2025 and sent to the 1st Respondent by letter dated 7th February 2025, which he acknowledged on 11th February 2025 while inviting the Applicants to a meeting. His failure to act thereafter could only be interpreted as blatant disregard of the orders.

p. 12

Legal principles established

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  • To succeed in civil contempt proceedings the applicant must prove the terms of the order, knowledge of the terms by the respondent, and failure to comply; wilfulness and bad faith are then inferred unless rebutted
  • The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt
  • No order requiring a person to do or abstain from an act may be enforced unless a copy has been served personally on that person

Court orders

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  1. 1.A Notice to Show Cause is issued requiring the 1st Respondent to appear personally in Court on Tuesday 22nd September 2026 to show cause why he should not be committed to jail for contempt
  2. 2.The costs of the Application shall be borne by the 1st Respondent
Jurisdiction invoked
Section 5 of the Judicature Act; Section 29 of the Environment and Land Court 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, "Mwembelegeza Community Residents v Faruk; Secretary County Government of Mombasa & 4 others (Environment and Land Miscellaneous Application E018 of 2026) [2026] KEELC 4940 (KLR)", Case Analysis (2026). MSA. ELC MISC. E018 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4940/eng@2026-07-30

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