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ELCDismissedELC Case No. 674 of 2017

Jules Investment Limited & 2 Others v Pherus Arori Monda & 2 Others

Environment and Land Court of Kenya
24 September 2026
1,527 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Kajiado Environment and Land Court dismissed a contempt application because it cited the wrong law and relied on hearsay evidence.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.D. Mwangi, J) determined a notice of motion dated 14th March 2024 by which the applicants, pursuant to leave granted on 27th February 2024, sought five prayers: cancellation of registrations effected after 30th July 2020 and restoration of the register; an order compelling the Land Registrar to avail green cards for various parcels; committal of the respondents to civil jail for six months for disobeying a consent order of 30th July 2020; an injunction against eviction; and costs. Before the merits, the court held that only the committal prayer fell within the leave granted, since the court had allowed only prayer 2 of the chamber summons. It struck out prayers 1, 2 and 4 on its own motion, reasoning that titles of third parties cannot be cancelled without a hearing and that a post-judgment court is limited by the doctrine of functus officio. On the sole issue of whether the application was merited, the court found the motion fatally incompetent because it was brought under Sections 8 and 9 of the Law Reform Act and Order 53 rule 3 of the Civil Procedure Rules, provisions for judicial review, whereas the power to punish for contempt lies under Section 5 of the Judicature Act. Applying Supreme Court authority, the court reiterated the heightened standard of proof in contempt, which is quasi-criminal, and found the supporting affidavit relied entirely on hearsay. The application was dismissed with costs to the respondents.

Key legal issues

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01

Competence of the contempt application

Holding

The application is fatally incompetent for being brought under the wrong provisions of law

Reasoning

The motion cited Sections 8 and 9 of the Law Reform Act and Order 53 rule 3 CPR, which make provision for judicial review orders. The correct provision for contempt is Section 5 of the Judicature Act. Citing the wrong provisions rendered the application fatally incompetent.

p. 6
02

Scope of leave granted and functus officio

Holding

Only the committal prayer fell within the leave granted; prayers for cancellation of titles, production of documents and injunction were struck out

Reasoning

Leave granted on 27th February 2024 was limited to prayer 2 of the chamber summons (leave to apply for committal). The court was functus officio after judgment and could not cancel third parties' titles without hearing them, so prayers 1, 2 and 4 were struck out on the court's own motion.

p. 5
03

Evidential sufficiency for contempt

Holding

The supporting affidavit relied entirely on hearsay and could not sustain a finding of contempt

Reasoning

The deponent's assertions that the suit land changed hands were based on information from other parties, not personal knowledge. Contempt proceedings being quasi-criminal, the heightened standard of proof applies, and hearsay evidence cannot support a finding of contempt.

p. 9

Legal principles established

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  • The ELC's power to punish for contempt is provided for under Section 5 of the Judicature Act, not the Law Reform Act judicial review provisions
  • The standard of proof in contempt proceedings is higher than balance of probabilities, almost but not exactly beyond reasonable doubt

Court orders

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  1. 1.The court on its own motion struck out prayers No. 1, 2 and 4 in the motion dated 14th March 2024
  2. 2.The application dated 14th March 2024 is dismissed with costs to the respondents
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act and Order 53 rule 3 of the Civil Procedure Rules (as invoked by applicants); contempt jurisdiction under Section 5(1) of the Judicature Act, Cap 8

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, "Jules Investment Limited & 2 Others v Pherus Arori Monda & 2 Others", Case Analysis (2026). ELC Case No. 674 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5872/eng@2026-09-24

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