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ELCPartially AllowedNotice of Motion dated 12/06/2025 (in a Petition at ELC Thika)

Gakuru & 2 others (Suing on their behalf and on behalf of JWA Thika Sub-County) v County Government of Kiambu & another; National Land Commission & another (Interested Parties) (Petition E012 of 2024) [2025] KEELC 7571 (KLR)

Environment and Land Court
4 November 2025
2,554 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court has summoned top national and county land officials to personally explain why they should not be punished for ignoring a court order halting construction in Thika.

What this practically means

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Executive summary

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This is a ruling by Mogeni J of the Environment and Land Court at Thika, delivered on 4 November 2025, on a Notice of Motion dated 12 June 2025 in which the Applicant sought a finding that the 1st and 2nd Respondents - the Principal Secretary in the Ministry of Lands, Housing and Urban Development and the CECM for Land, Housing, Physical Planning & Urban Development in Kiambu County - were in contempt of conservatory orders issued on 20 May 2025 halting construction on land parcel Thika Municipality Block 11/343 under the Boma Yangu Affordable Housing Programme. The Applicant sought a notice to show cause, personal summoning of the officials, committal to civil jail for six months, or in the alternative a fine of Kshs. 500,000 each. Only the 1st Respondent replied, contending the application was defective for lack of personal service on the CECM, for want of specificity, and for failure to discharge the burden of proof, and asserting it had handed over the site and was not undertaking any works. The Court framed two issues: contempt and entitlement to the orders sought. Applying the settled test for civil contempt and the authorities that knowledge supersedes personal service and that an advocate's presence in court when orders are made suffices, the Court held the order valid, unappealed and unreviewed, and the Respondents fully aware of it. It declined to commit or fine the officials at that stage, instead issuing a notice to show cause requiring the PS and CECM to appear personally via Microsoft Teams, with costs to the Applicant.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondents are in contempt of Court orders issued on 20/05/2025
  2. 2.Whether the Applicant is entitled to the orders sought

Key legal issues

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01

Whether the Respondents are in contempt of the conservatory order issued on 20/05/2025

Holding

The Court found the Respondents aware of the unappealed, unreviewed Ruling and referred the PS and CECM to show cause why they should not be found guilty of contempt

Reasoning

The Court applied the Mativo J test (clear order, knowledge, breach) and the authorities holding that knowledge supersedes personal service. The Respondents were represented by counsel throughout, filed responses, and neither appealed nor sought review of the 20/05/2025 Ruling. The 1st Respondent's argument that absence of personal service on the CECM defeated the application was rejected on the authority of Basil Criticos and Shimmers Plaza. The 2nd Respondent filed no affidavit to contest the averments.

p. 6
02

Whether personal service of the order was a prerequisite to contempt proceedings against the CECM

Holding

Personal service was not necessary where knowledge of the order is demonstrated

Reasoning

Relying on Basil Criticos v Attorney General, the Court held that where a party clearly acts with knowledge of a court order, the strict requirement of personal service is rendered unnecessary. Counsel for the Respondents had been present when the orders were made and the orders were also served, so the 1st Respondent's service-based objection failed.

p. 6

Legal principles established

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  • To succeed in civil contempt, an applicant must prove the terms of the order, knowledge of those terms by the respondent, and failure to comply; willfulness and bad faith are then inferred unless rebutted on a balance of probabilities
  • The standard of proof in contempt is higher than a balance of probabilities but lower than beyond reasonable doubt, because contempt is an offence of criminal character
  • Knowledge of a court order supersedes the strict requirement of personal service
  • It is sufficient to prove that the advocate of the alleged contemnor was present in court when the orders were made

Court orders

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  1. 1.The Principal Secretary (PS) in the Ministry of Lands, Housing and Urban Development and the County Executive Committee Member (CECM) Land, Housing, Physical Planning & Urban Development in Kiambu County are summoned to personally appear before the Court to show cause why they should not be cited and found guilty of contempt of Court for disobeying the Order issued on 20/05/2025, appearance through Microsoft Teams Virtual Court
  2. 2.Costs awarded to the Applicant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Contempt jurisdiction under Order 40 Rule 3 of the Civil Procedure Rules in respect of conservatory orders issued by the ELC in an ongoing Petition

Relief refused

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Immediate committal to civil jail for six months or imposition of a fine of Kshs. 500,000 on each Respondent

The Court did not reach a finding of guilt at this stage; instead it issued a notice to show cause requiring the officials to appear personally and answer the contempt allegations

p. 6

Costs

Costs are awarded to the Applicant.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

There is no Appeal against the Ruling delivered by this Court nor application for review meaning that the Respondents are aware of what is expected of them and have chosen to brazenly test whether the law truly has “teeth”.
p. 6Contempt - awareness and defiance of unappealed orders
where a party clearly acts and shows that he had knowledge of a Court Order; the strict requirement that personal service must be proved is rendered unnecessary.
p. 6Personal service vs knowledge in contempt proceedings
It is the plain and unqualified obligation of every person against whom an order is made by Court of competent jurisdiction, to obey it unless and until the order is discharged.
p. 5Obligation to obey court orders
The Principal Secretary (PS) in the Ministry of Lands, Housing and Urban Development as well as the County Executive Committee Member (CECM) Land, Housing, Physical Planning & Urban Development in Kiambu County are hereby summoned to personally appear before this Court to show cause why they should not be cited and found guilty of Contempt of Court for disobeying and defying the Order issued by this Honourable Court on 20/05/2025 through Microsoft Teams Virtual Court.
p. 2Final orders - notice to show cause

Issues in the judgment

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minor

Judgment alternates between 'Gatharia Mitika & Others v Bahrain Farm Ltd' and 'Gatharia K. Mutikika v Baharini Farm Ltd', apparently the same authority spelled inconsistently

minor

Application described as seeking findings against the 1st and 2nd Respondents, yet the relief seeks committal of the PS and CECM, and the ruling text refers to both 'Respondents' and 'Petitioners' in the appearances without the parties being fully defined in the extract

minor

Contempt application decided without the benefit of submissions, as none had been filed

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, "Gakuru & 2 others (Suing on their behalf and on behalf of JWA Thika Sub-County) v County Government of Kiambu & another; National Land Commission & another (Interested Parties) (Petition E012 of 2024) [2025] KEELC 7571 (KLR)", Case Analysis (2025). Notice of Motion dated 12/06/2025 (in a Petition at ELC Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7571/eng@2025-11-04

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