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ELCDismissedELCEPA NO. E004 OF 2024· [2026] KEELC 2506 (KLR)

Bedarin Hotel Ltd v Kimani & 2 others (Environment and Land Appeal E004 of 2024) [2026] KEELC 2506 (KLR)

Environment and Land Court
28 April 2026
6,572 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Thika dismissed both applications against Bedarin Hotel, finding no proof of contempt and awarding costs to the hotel.

What this practically means

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Executive summary

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This Ruling by the Environment and Land Court at Thika (Mogeni J) disposes of two interlocutory applications in an appeal (ELCEPA No. E004 of 2024) arising from proceedings before the National Environment Tribunal concerning EIA License NEMA/PSI/14144 over Plots Ruiru Estate Block 1/3255 and 4290. The first application, dated 2/07/2025 by the 1st Respondent, sought temporary and permanent injunctions restraining the Appellant from operating a bar/club or playing loud music, striking out the Appeal, and police enforcement. The Appellant raised a Preliminary Objection on jurisdiction and competency. The Court upheld the objection, holding that the application failed to cite the legal provisions conferring jurisdiction, that a permanent injunction cannot be granted at an interlocutory stage, and that the prayer to strike out the Appeal was procedurally impermissible. The second application, dated 27/10/2025, sought contempt findings against the Appellant's Directors (Rachael Njoki Ngahu and Joseph Irungu Mburu), their committal to civil jail, and a fine. Applying the quasi-criminal standard of proof, the Court found that although the existence and service of the interim orders of 7/07/2025 were not in dispute, the Applicants failed to prove a clear and deliberate breach: the posters relied upon dated from 2022, the OB extracts corroborated that no noise was found on police visits, and no expert noise assessment was produced. Personal liability of the Directors was also not established. Both applications were dismissed with costs to the Appellant. The Court warned the Applicants and their Counsel against abusive proceedings, noted that the interim orders of 7/07/2025 remain in force pending the substantive appeal, and directed the parties to file and exchange written submissions within 30 days, with a mention for directions on 28/05/2026.

Key legal issues

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01

Jurisdiction and competence of the 1st application

Holding

The application is fundamentally defective and incompetent for failing to cite the legal provisions conferring jurisdiction; the Preliminary Objection is upheld

Reasoning

The Court, being an Appellate Court over NET proceedings, is confined to the EIA License NEMA/PSI/14144 and the two subject properties. Relief beyond that scope raises a jurisdictional question. Applications must identify the legal basis for orders sought; failure is fatal, not a mere technicality.

p. 18
02

Contempt of Court by the Directors

Holding

Contempt not established; standard of proof not met

Reasoning

While existence of a valid order and service were not genuinely in dispute, the third element (clear, deliberate, wilful breach) failed. Posters dated 2022 predating the orders have no probative value; OB extracts actually corroborate that no noise was found on police visits; and no expert noise assessment was produced, a fatal lacuna.

p. 22
03

Personal liability of Directors

Holding

Piercing the corporate veil in contempt is permissible only where the named individual personally participated in or authorised the breach; not established here

Reasoning

No evidence specifically links the named Directors to any personal act of authorising or permitting breach. The Court must be satisfied beyond reasonable doubt that the named individual personally and deliberately defied the order before committing them to civil jail.

p. 26
04

Abuse of Court process

Holding

The Applicants' cumulative conduct discloses a pattern consistent with abuse of process; warned of future consequences

Reasoning

The Court noted presentation of 2022 social media posts as evidence of post-order violations, misrepresentation of orders to Police, erection of a gate on a public road, and repeated police visits yielding no findings of breach. Sections 1A, 1B and 3A of the Civil Procedure Act require the Court to ensure its process is not weaponized.

p. 27

Legal principles established

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  • Jurisdiction is everything and without it, a Court is rendered a nullity
  • Contempt proceedings are quasi-criminal and governed by the criminal standard of proof
  • A Court hearing an interlocutory application cannot grant final relief
  • An application must pinpoint the legal authority for its prayers; failure renders it fatally defective
  • Mere directorship is insufficient to ground committal for contempt absent personal participation

Court orders

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  1. 1.The Notice of Motion dated 2/07/2025 is dismissed with costs to the Appellant
  2. 2.The Notice of Motion dated 27/10/2025 is dismissed with costs to the Appellant
  3. 3.The costs of both applications are awarded to the Appellant
  4. 4.The matter shall be mentioned for directions on taking the Judgment date of the substantive Appeal on 28/05/2026
  5. 5.Parties directed to file and exchange written submissions to the Appeal within 30 days of the Ruling
  6. 6.Interim orders of 7/07/2025 remain in existence and are not disturbed pending the substantive hearing of the Appeal

Authorities

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Legislation

  • Constitution of KenyaArticle 159
  • Judicature ActSection 5
  • Environment and Land Court ActSection 29
  • Civil Procedure RulesOrder 40 Rule 3; Order 40
  • Civil Procedure ActSections 1A, 1B, 3A
  • Environment Management and Co-ordination (Noise and Excessive Vibration Pollution) (Control) Regulations2009

Cases cited (12)

  • Owners of the Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] KLR 1
  • Giella v Cassman Brown & Co. Ltd
    [1973] EA 358
  • Mugoh v Gitonga; Nderu (Intended Interested Party)
    [2024] KEELC 6725 (KLR)
  • Republic v Kenya Revenue Authority Ex parte Distributors Limited
    [2012] eKLR (JR Misc. Application 173 of 2012)
  • Econet Wireless Kenya Ltd v Minister for Information & Communication of Kenya & Another
    [2005] 1 KLR 828
  • Wanjigi v Inspector General of Police & 2 Others
    [2025] KEHC 2755 (Feb 20, 2025)
  • Republic v County Chief Officer, Finance & Economic Planning, Nairobi City County Ex parte Stanley Muturi
    [2017] eKLR
  • Fakie NO v CCII Systems (Pty) Ltd
    [2006] SCA 172 (RSA)
  • Republic v Public Procurement Administrative Review Board & 2 Others Ex-parte Selex Sistemi Integrati
    [2008] eKLR
  • Githunguri Dairy Farmers Co-operative Society Limited v Kiambu County Government & Another
    [2016] eKLR
  • Mary Wanjiku Njoroge v County Government of Kiambu & Another (Nairobi ELC Petition No. 8 of 2015)
    [2015] eKLR
  • Rift Valley Textiles Limited v Edward Akongo Ochieng
    [1987] KLR 513
On appeal from
National Environment Tribunal
Jurisdiction invoked
Appeal from the National Environment Tribunal under Section 29 of the Environment and Land Court Act

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, "Bedarin Hotel Ltd v Kimani & 2 others (Environment and Land Appeal E004 of 2024) [2026] KEELC 2506 (KLR)", Case Analysis (2026). ELCEPA NO. E004 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2506/eng@2026-04-28

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