Igweta (Suing as the Legal Representative of the Estate of M’Ajogi M’Nchau alias Nchau) & another v Grace & another (Suing as the Legal Representative of the Estate of M'Ajogi M'Nchau alias Mchau) (Environment and Land Case E003 of 2023) [2026] KEELC 5137 (KLR)
The bottom line
#A Kenyan land court found people who ignored its orders guilty of contempt, ordering eviction, exhumation of buried bodies, and possible punishment.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants established the threshold for contempt
Yes. The elements of contempt - existence of a lawful, clear order commanding a designated act, knowledge of the order, and contumacious conduct - were all established. Service was unnecessary given the respondents' knowledge, demonstrated by their failed stay application before the Court of Appeal and continued occupation and burial on the suit land.
The court enumerated six elements of contempt, including service or, in lieu of service, proof of knowledge. The judgment of 12.06.2024 was delivered in the presence of counsel; the respondents sought and failed to obtain a stay from the Court of Appeal on 23.05.2025; they remained in occupation and buried Tabitha Kinaitore M'Nyiruu on the suit property in January 2026, during the lifetime of the orders. The law now dispenses with proof of personal service where knowledge is shown, so the respondents' service objection was misconceived.
What reliefs ought to be granted
Citation for contempt, eviction, exhumation of the two bodies within 14 days, security assistance from the OCS, and costs, with mitigation and punishment deferred to 17.09.2026.
The orders of 12.06.2024 had neither been varied, reviewed nor set aside, and an attempt to stay them had been declined. The respondents had no lawful excuse for non-compliance. The court found their conduct detrimental to the dignity and integrity of the court and granted enforcement reliefs while reserving punishment for a mitigation hearing under Section 29 of the Environment and Land Court Act.
Legal principles established
#- Knowledge of a court order supersedes personal service; proof of service is no longer a primary requirement in contempt proceedings where knowledge is established.
- Court orders are compulsory and peremptory and must be obeyed; a party cannot choose which orders to obey.
Court orders
#- 1.The subject application be and is hereby allowed
- 2.The Plaintiffs/Respondents be and are hereby found guilty of contempt of the orders of the court issued on the 12.06.2024
- 3.The Plaintiffs/Respondents be and are hereby cited for contempt
- 4.The Plaintiffs/Respondents shall attend court on the 17.09.2026 for purposes of mitigation and, where apposite, punishment in accordance with the provisions of Section 29 of the Environment and Land Court Act, 2011
- 5.The Plaintiffs/Respondents shall be evicted from the suit property (LR No. Mulathankari/9) forthwith
- 6.An eviction order is hereby issued
- 7.The Plaintiffs/Respondents shall remove/exhume the bodies of George Thuranira M'Nyiruu and Tabitha Kinaitore M'Nyiruu within 14 days from the date hereof
- 8.The OCS Giakii Police Station shall provide reasonable security to facilitate the implementation and enforcement of the court order
- 9.The applicants shall pay the reasonable expenses/charges attendant to the provision of security in accordance with the government scales
- 10.The costs of the application shall be borne by the plaintiff/respondents
- 11.The costs in terms of clause (ix) are certified in the sum of Kshs. 30,000/= only
- Jurisdiction invoked
- Section 5 of the Judicature Act, Chapter 8 Laws of Kenya; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Chapter 21; Section 29 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Igweta (Suing as the Legal Representative of the Estate of M’Ajogi M’Nchau alias Nchau) & another v Grace & another (Suing as the Legal Representative of the Estate of M'Ajogi M'Nchau alias Mchau) (Environment and Land Case E003 of 2023) [2026] KEELC 5137 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 28.02.2026 in a suit over LR No. Nyaki/Mulathankari/9). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5137/eng@2026-08-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.