https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3822

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT BUSIA** **ELC NO. E039 OF 2024** **MOSES ITEL ORUCHUM ...………...... 1ST PLAINTIFF/APPLICANT** **KENNETH ODIKOR OTEBA ……..….. 2ND PLAINTIFF/APPLICANT** **= VERSUS =** **DAVID BARASA KIBOI......…………...DEFENDANT/RESPONDENT** **SENTENCE** 1. **Greffin Cheboi**, the contemnor herein, was on 29th October 2025 found to be in contempt of court by **Olao J**. He made the following orders; **“1) …………………** 1. **GREFFIN CHEBOI - what you did also amounts to criminal offence of obtaining money by false pretence contrary to section 313 Penal Code. You have asked that I give you up to January 2026 to refund DAVID BARASA KIBOI his Ksh.252,000/=. I will give you up to 1st December 2025. You had been directed by your Presiding Judge Nakuru High Court Justice Ong’udi to report to me but you declined to do so, I am reluctant to release you on free bond. I will grant you a bond of Ksh.100,000/= with one suitable surety of similar sum to report back on 1st December 2025 after refunding the Ksh.252,000/-. The surety to be examined and approved by the Deputy Registrar or you will remain in custody in default.** 2. **Your sentence will be meted out after you repay the Ksh.252,000/- to DAVID BARASA KIBOI.** 3. **…………………………………………………………………...** 4. **………………………………………………………………….”** 5. The Contemnor complied with order 2 and refunded David Barasa Ksh.252,000/-. This court directed him to appear physically in court for mitigation and sentencing on 16th March, 2026. On 16th March 2026, he logged in virtually and informed the court that he could not travel to Busia as he was unwell. He did not present any evidence to support the allegation and warrants of arrest were issued to the O.C.S Busia Police Station that the contemnor be arrested and brought to court on 22nd April, 2026. On the material day, the contemnor appeared in court physically with an Advocate. His Advocate presented medical documents showing he visited Midwest Medical Clinic Nakuru on 14th March 2026; that he was diagnosed with Pneumonia and was given 5 days’ sick off from 14th March 2026 to 18th March 2026 thus the reason he was not able to attend court physically on 16th March, 2026. 6. In mitigation, his advocate stated that the contemnor was remorseful to the two Judges for his callous actions as he had acted out of greed, self-interest, was misled by bad company and regretted his cunning dealings. He prayed for leniency and affirmed that he had learnt his lesson. She explained that he had lost his employment and vowed to take care if given a second chance to redeem himself. 7. I took the liberty to enquire from the Human Resource Department Judiciary, on whether any action had been taken terminating the contemnor’s employment. I was informed that the contemnor had been interdicted and had been placed on ½ salary but had not been dismissed from service. 8. It is sad to note that in mitigation, although the contemnor expressed remorse, he continued to lie to this court. To gain sympathy from this court, he stated that had lost his job instead of stating the truth that he had been interdicted and is on ½ salary. This court is not convinced that the contemnor is remorseful and has learnt his lesson. The above notwithstanding, having noted that the contemnor has been interdicted, l fine him Ksh.30,000 or he serves 3 months’ imprisonment for contempt. **Delivered in open court at Busia this 9th day of June, 2026.** **L. N. WAITHAKA** **JUDGE**