https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3385

Abbas v County Government of Mandera & 6 others (Environment and Land Petition 418 of 2015) [2026] KEELC 3385 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELC 3385 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Petition 418 of 2015 CG Mbogo, J June 4, 2026 Between Ali Haji Abbas Petitioner and County Government Of Mandera 1st Respondent The Director of Polytechnic, Mandera Polytechnic 2nd Respondent The National Land Commission 3rd Respondent The Hon The Attorney General Of Kenya 4th Respondent The Chief Finance Officer, Mandera County Government 5th Respondent The CEC Land, Chief Executive Committee Member Mandera County Government 6th Respondent County Government 7th Respondent Ruling 1.Before this court for is the notice of motion dated 13th February, 2026 filed by the petitioner/applicant. It is expressed to be brought under Section 29 of the Environment and Land Court Act, Sections 1, 1A, 1B, 3, 3A, 34 and 63 of the Civil Procedure Act, Section 5(1) of the Judicature Act, Part 81.1, Rule 81.1 of the English Civil Procedure Rules, and Parts 2,3,4,5,6 & 7 thereof and Rule 39 of the High Court (Organization and Administration)(General) Rules seeking the following orders:-1.Spent.2.This honourable court be pleased to issue expedient orders in terms sought herein, as enjoined in paragraph 8 of the consent order herein made on 31st January, 2023 to enforce paragraph 2, 3, 4, 5 and 6 of the said consent order in this suit.3.In meeting the terms of order 2 herein, and for the mitigation of the cited persons as ordered by consent to insure the attendance of the cited persons on the date appointed for the mitigation proceedings, a warrant of arrest to forthwith issue, to be enforced by the Inspector General of Police to forthwith cause to be arrested the cited contemnors, the county secretary, Mandera county government, the chief finance officer, Mandera county government, and the chief executive committee member lands, Mandera county government, and to bring each of them with haste before this honourable court at the earliest convenience in liaison with the office of the ELC court deputy registrar, for their sentencing as ordered on 31st January, 2023.4.Such further directions on the determination of this application as may be expedient.5.The 1st and 2nd respondents and cited contemnors, the county secretary, Mandera county government, the chief finance officer, Mandera county government,and the chief executive committee member lands, Mandera county government pay the decree holder’s full costs of these proceedings in any event. 2.The application is premised on the grounds on its face. It is further supported by the affidavit of the petitioner/applicant sworn on even date. He deposed that judgment in his favour was delivered on 29th September, 2021, and in spite of the contents of the said judgment being brought to the attention of the respondents/cited persons, there has been no compliance. It was further deposed that after filing the application dated 15th December, 2022 seeking to punish for contempt, the cited persons, the respondents appeared in court and offered to settle the terms of the decree. 3.The petitioner/applicant deposed that despite complying with all procedures the respondents have failed to hand over the suit property as per the decree, and no compensation has been made either. Further, that although Kshs.2,000,000/- was paid to him, he is yet to receive this amount and he stands to be deprived of his land. Unless the court intervenes, he has no hope of getting to realize the fruits of his judgment. There was no response filed by the respondents, and neither did any party file written submissions. 4.Section 29 of the Environment and Land Court clearly states that:-“Any person who refuses, fails or neglects to obey an order or direction of the court given under this Act, commits an offence, and shall, on conviction, be liable to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding two years, or to both.” 5.In Republic v Mohammed & another [2019] KESC 47 (KLR), the Supreme Court held as follows-:“There is no doubt that an act in contempt of the court constitutes an affront to judicial authority; and the court has the liberty and empowerment to mete out penalty for such conduct, in a proper case. The object is, firstly, to vindicate the court’s authority; secondly, to uphold honourable conduct among Advocates, in their standing as officers of the court; and thirdly, to safeguard its processes for assuring compliance, so as to sustain the rule of law and the administration of justice.” With emphasis 6.In the case of Kenya Human Rights Commission v Attorney General; Law Society of Kenya (Interested Party) [2018] KEHC 9656 (KLR), it was observed:-“57.Article 159 of the constitution recognizes the judicial authority of courts and tribunals established under the constitution. Courts and tribunals exercise this authority on behalf of the people. The decisions courts make are for and on behalf of the people and for that reason, they must not only be respected and obeyed but must also be complied with in order to enhance public confidence in the judiciary which is vital for the preservation of our constitutional democracy. The judiciary acts only in accordance with the constitution and the law (Article 160) and exercises its judicial authority through its judgments decrees orders and or directions to check government power, keep it within its constitutional stretch hold the legislature and executive to account thereby secure the rule of law, administration of justice and protection of human rights. For that reason, the authority of the courts and dignity of their processes are maintained when their court orders are obeyed and respected thus courts become effective in the discharge of their constitutional mandate.” 7.This court frowns upon litigants who are intent to undermine the rule of law and the administration of justice. It is now more than 3 years since the consent was entered into on 31st January, 2023, yet the cited contemnors have refused to comply with the said consent. Their acts are in total disregard and disrespect to the overriding objective of this court which is to uphold substantive justice. 8.Having said the above, I find merit in the notice of motion dated 13th February, 2026 and grant the following orders:-1.Having already been found in contempt of the orders of this court, and in strict enforcement of orders 2, 3, 4, 5, 6 and 8 of the consent dated 31st January 2023, I direct that warrants of arrests to issue forthwith against the cited contemnors i.e. the County Secretary, Mandera County Government, the Chief Finance Officer, Mandera County Government, and the Chief Executive Committee Member Lands, Mandera County Government.2.The Inspector General Police and/or designate to execute and ensure immediate arrest and produce the 5th, 6th and 7th respondents/ cited contemnors in court on 07th July, 2016 for sentencing subject to the consent dated 31st January, 2023.3.The costs of this application to be borne by the cited contemnors.It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE, 2026.HON. MBOGO C.G.JUDGE04/06/2026.In the presence of:Ms. Vena Atieno - Court assistantMr. Harrison Kinyanjui for the Petitioner/ApplicantNo appearance for the Respondents