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ELCPartially AllowedJudicial Review Miscellaneous Application (Contempt of Court Notice of Motion dated 12/11/2025)

Republic v County Secretary, County Government of Meru & 4 others; Kaburu t/a Mwirigi Kaburu & Co. Advocates (Ex parte Applicant) (Environment and Land Case Judicial Review Application E013 of 2024) [2026] KEELC 716 (KLR)

Environment and Land Court
10 February 2026
BEB M Eboso
1,515 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Meru (B M Eboso J) determines a notice of motion dated 12/11/2025 by Joseph Mwirigi Kaburu t/a Mwirigi Kaburu & Co Advocates, brought under Section 5 of the Judicature Act and Sections 14 and 29 of the Environment and Land Court Act, citing the respondents for contempt of a mandamus issued on 13/5/2025 compelling them to pay the applicant Kshs 939,600 plus interest at 14% per annum from 31/7/2024, with effect from 1/10/2025. The application was unopposed and heard on 19/1/2026 as an uncontested motion. The court framed one question: whether contempt had been proved. Relying on Gatharia K. Mutikika v Baharini Farm Ltd and Oilfield Movers Ltd v Zahara Oil & Gas Limited, it noted the heightened standard of proof in contempt. The mandamus had been served, and no respondent offered any explanation for non-compliance. Applying the Public Finance Management Act and Government Proceedings Act framework, the court held that the officer responsible for ensuring compliance was the County Executive Committee Member for finance and economic planning, the 2nd respondent, and found contempt proved against that officer only, no evidence supporting findings against the other respondents. The CECM was ordered to attend court personally on 18/2/2026 for mitigation and sentencing. No costs order was made at this stage.

Questions the Court framed

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

  1. 1.whether the ex-parte applicant has proved contempt of court on part of the respondents

Key legal issues

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01

Whether contempt of court was proved against the respondents

Holding

Contempt proved only against the 2nd respondent, the CECM for finance and economic planning

Reasoning

The order of mandamus was served and unopposed; no respondent tendered any explanation for non-compliance. Applying the Public Finance Management Act and Government Proceedings Act framework, the court identified the CECM for finance as the officer responsible for setting aside funds and ensuring compliance, while finding no evidence against the other respondents.

Legal principles established

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  • Contempt must be proved to a standard higher than balance of probabilities but not beyond reasonable doubt, consistent with the gravity of the charge
  • Where a county government is the judgment debtor, the officer responsible for ensuring compliance is the CECM for finance and economic planning

Court orders

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  1. 1.The Meru County Executive Committee Member responsible for finance and economic planning is found in contempt of the order of mandamus issued on 13/5/2025
  2. 2.The said County Executive Committee Member is required to personally attend court on 18/2/2026 at 12:00 noon for mitigation and sentencing
  3. 3.The contempt application is not found against the other respondents

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
Section 5 of the Judicature Act and Sections 14 and 29 of the Environment and Land Court Act

Relief refused

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Contempt findings and punishment against respondents other than the County Executive Committee Member for finance

No evidence of contempt on their part

p. 4

Costs of the application

No costs order was made in the final orders; sentencing deferred

p. 4

Costs

No costs order made in this ruling; sentencing and any punishment deferred to 18/2/2026.

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.

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. 3obligation to obey court orders
the court finds that the Meru County Executive Committee Member responsible for finance and economic planning is in contempt of the order of mandamus issued by this court on 13/5/2025
p. 4finding of contempt
Consequently, the said member of the County Executive Committee is required to personally attend court on 18/2/2026 at 12:00 noon for mitigation and sentencing.
p. 4final orders - sentencing attendance

Issues in the judgment

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minor

Cause number inconsistent: 'Meru ELC Miscellaneous Application No E019 of 2023' vs 'Meru ELC Land Misc. Application No. E019 of 2013'

minor

Judgment states the application 'was not opposed' but the grounds indicate it concerned payment despite a stay until 1/10/2025; no explanation from respondents recorded

minor

Affidavit of service dated 3/12/2025 attesting to service on 1/12/2025; dates internally consistent but the motion dated 12/11/2025 service date differs from the date the mandamus took effect

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, "Republic v County Secretary, County Government of Meru & 4 others; Kaburu t/a Mwirigi Kaburu & Co. Advocates (Ex parte Applicant) (Environment and Land Case Judicial Review Application E013 of 2024) [2026] KEELC 716 (KLR)", Case Analysis (2026). Judicial Review Miscellaneous Application (Contempt of Court Notice of Motion dated 12/11/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/716/eng@2026-02-10

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