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ELCDismissedELC Petition No. E039 of 2024· [2026] KEELC 5784 (KLR)

Jannah Properties Limited v National Environment Management Authority & 5 Others; Principal Secretary, State Department of Defence & 3 Others (Interested Parties)

Environment and Land Court
18 September 2026
4,043 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 confirmed a property owner's orders were breached but refused to jail officials because they were never personally named and served.

What this practically means

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Executive summary

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Jannah Properties Limited, the Petitioner in ELC Petition No. E039 of 2024 concerning L.R No. 209/1887, moved the court by a Notice of Motion dated 6th May 2026 seeking contempt findings and committal to civil jail of the Chief Executive Officers and named office-holders of NEMA, the Water Resource Authority, Nairobi City County, the Ministry of Interior, the Inspector General of Police, and four Interested Parties, for breach of status quo orders issued on 9th July 2024 and interim conservatory orders of 16th April 2026. The Petitioner alleged that despite a withdrawn enforcement notice, a multi-agency team demolished sections of the perimeter wall on 14th April 2026 and conducted further demolitions. NEMA denied any demolition mandate or participation; Nairobi City County denied involvement; the 4th to 6th Respondents and Interested Parties argued lack of personal service and non-joinder of the individual officers, invoking Articles 50 and 25(c). The court found the orders clear and unambiguous, and accepted that the 9th July 2024 order was breached. However, it held that committal proceedings are penal, require the alleged contemnor to be personally identified, joined and served, and demand proof of wilful disobedience to a standard higher than a balance of probabilities. The Applicant's generalised multi-agency allegations did not attribute specific acts to each officer. The application was dismissed with no order as to costs.

Key legal issues

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01

Whether the orders of 9th July 2024 and 16th April 2026 were clear and unambiguous

Holding

The orders were clear and unambiguous, directing preservation of status quo and setting out prohibited conduct

Reasoning

The court reproduced both orders: the 9th July 2024 status quo order prohibiting alienation, sale, transfer, construction or demolition, and the 16th April 2026 interim order restraining entry, demolition or interference. It found the prohibited conduct was clearly set out and the orders unambiguous.

p. 21
02

Whether the alleged contemnors were properly cited and served in their personal capacities

Holding

The chief executive officers and public officers were neither joined individually nor served; these omissions offend natural justice and are fatal to the application

Reasoning

Relying on Republic v Principal Secretary, Ministry of Defence ex parte Waithaka and Teachers Service Commission v KNUT, the court held that committal proceedings are penal, engage personal liberty, and require the individual to be personally cited, served and heard. Citing offices rather than named individuals is procedurally defective.

p. 22
03

Whether each alleged contemnor wilfully and deliberately breached the orders

Holding

Although the 9th July 2024 order was breached, the Applicant failed to prove to the requisite standard that each named office-holder personally participated in, authorised or directed the breach

Reasoning

Contempt is quasi-criminal; the Applicant bore a heightened burden. Generalised allegations against a multi-agency team, without evidence attributing specific acts to each officer, cannot sustain findings of contempt or committal against all cited parties.

p. 25

Legal principles established

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  • In contempt proceedings where committal is sought, the alleged contemnor must be specifically identified, joined and served in their personal capacity
  • The standard of proof in contempt is higher than a balance of probabilities, almost but not exactly beyond reasonable doubt
  • Generalised assertions that a multi-agency team carried out a demolition do not establish liability against each cited party without evidence pinning responsibility on specific officers

Court orders

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  1. 1.The application dated 6th May 2026 is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Judicature ActSection 5(1)
  • Civil Procedure ActSection 3A
  • Rules of the Supreme Court of EnglandOrders 51 Rule 1 and 52 Rule 3
  • Civil Procedure RulesOrder 40 Rule 3(1)
  • Environmental Management and Coordination ActSection 9
  • Constitution of KenyaArticles 50(1), 50(2) and 25(c)

Cases cited (7)

  • Econet Wireless Kenya Ltd v Minister for Information & Communication of Kenya & Another
    (2005) eKLR

    Obligation of every person to obey court orders unless discharged; courts will deal firmly with proved contemnors

  • Carla Burchell v Barry Grant Burchell
    Case No 364 of 2005

    Elements of civil contempt: terms of order, knowledge, and failure to comply

  • Samuel M.N. Mweru & Others v National Land Commission & 2 Others
    (2020) eKLR

    Four elements of civil contempt and the heightened standard of proof

  • Republic v Principal Secretary, Ministry of Defence, ex parte George Kariuki Waithaka
    (2019) eKLR

    Alleged contemnor must be personally cited, served and given opportunity to show cause

  • Teachers Service Commission v Kenya National Union of Teachers & 2 others
    (2013) eKLR

    Committal orders affect personal liberty and require strict procedural safeguards

  • Gatharia K. Mutikika v Baharini Farm Ltd
    (1985) KLR

    Contempt is criminal in nature; standard of proof is almost beyond reasonable doubt

  • Peter K. Yego & Others v Pauline Wekesa Kode
    ACC NO. 194 of 2014

    Actual disobedience must be proved before a party is cited for contempt

Jurisdiction invoked
Section 5(1) of the Judicature Act; Section 3A of the Civil Procedure Act; Orders 51 Rule 1 and 52 Rule 3 of the Rules of the Supreme Court of England; Order 40 Rule 3(1) of the Civil Procedure Rules

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, "Jannah Properties Limited v National Environment Management Authority & 5 Others; Principal Secretary, State Department of Defence & 3 Others (Interested Parties)", Case Analysis (2026). ELC Petition No. E039 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5784/eng@2026-09-18

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