Muturi v Ndumbi & 3 others (Environment and Land Appeal E001 of 2025) (Environment and Land) [2025] KEELC 7227 (KLR)

The court reproduced its order of 10th March 2025 directing parties to maintain the status quo as at 6th March 2025. It cited the Court of Appeal in Mugah v Kunga that status quo orders preserve the subject matter in land disputes, and noted the practice directions give the court discretion to issue such orders pending determination.

Relying on Shimmers Plaza Limited v National Bank of Kenya Limited, the court noted Kenyan jurisprudence has moved from strict personal service with a penal notice to actual knowledge of the order's terms. The Respondents' replying affidavit did not deny awareness of the orders; they only objected to lack of physical service and a penal notice, which the court held to be technicalities that could not excuse contempt.

Applying the Kristen Carla Burchell elements and the heightened standard of proof in contempt, the court found the Respondents, with police officers and hired goons, invaded the suit premises and demolished buildings despite the subsisting status quo order, deceiving the OCS Gilgil that the eviction was lawful. This was held to be a direct and wilful act of defiance against the court and the rule of law.