https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2921

Nyagudi v County Land Registrar Kisumu County (Environment and Land Appeal E001 of 2023) [2026] KEELC 2921 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEELC 2921 (KLR) Republic of Kenya In the Environment and Land Court at Kisumu Environment and Land Appeal E001 of 2023 E Asati, J May 14, 2026 Between Sela Auma Nyagudi Appellant and County Land Registrar Kisumu County Respondent Ruling 1.The application before court for ruling is the Notice of Motion dated 27th January, 2026 brought on behalf of the Appellant pursuant to the provisions of articles 10, 159 & 165 of the Constitution of Kenya, section 5 of the Judicature Act and Order 51 of the Civil Procedure Rules 2010. 2.The application seeks for orders that;a.The honourable court be pleased to cite and find the Land Registrar Kisumu County in contempt of court for willful and deliberate disobedience of the court order issued on 6th June, 2024.b.The Land Registrar, Kisumu County be punished for contempt of court by way of a fine and/or for a period to be determined by this honourable court and not exceeding 6 months or a fine of Kshs. One million or both.c.The honourable court be pleased to compel the Land Registrar, Kisumu County to immediately comply with the court order dated 6th June, 2024 by supplying the Appellant with the following documents relating to land parcel numbers Kisumu/konya/8642, Kisumu/Konya/8643, Kisumu/Konya/8646, Kisumu/Konya/8647, Kisumu/Konya/8648 And Kisumu/Konya/8649.i.Certified copy of green cardii.Parcel register/parcel fileiii.Mutation formsiv.Any other records(d)that the costs of this application be borne personally by the contemnor.(e)Such further or other orders be made as the Honourable Court may deem just to uphold the authority and dignity of the court. 3.The grounds upon which the application was brought were that on 6th June, 2024, the court issued a clear and unambiguous order directing the Land Registrar, Kisumu County to supply the Appellant with specific land registration documents. 4.That the order was served upon the Land Registrar on 3rd December, 2024 and that the Land Registrar had full knowledge of the order. 5.That despite the service and knowledge of the order, the Land Registrar has willfully, deliberately and without lawful justification failed and/or refused to comply. That the continued non-compliance has prejudiced the appellant, obstructed the administration of justice and undermined the authority of this Honourable Court. That court orders are not issued in vain and must be obeyed by all persons and state officers. That the Honourable court has powers to punish contempt and enforce obedience to its orders. 6.The application was supported by the contents of the Supporting Affidavit sworn by Sela Auma Nyagudi on 27th January, 2026 and the annextures thereto. No response was filed to the application. 7.Affidavit of service sworn by Juliet Akinyi Dima on 5th February, 2026 shows that the Respondent was served with the application on 3rd February, 2026. Further, the Affidavit of Service sworn by the same deponent on 26th March, 2026 shows that the Respondent was notified of the directions given by the court on 19th March, 2026 giving timelines within which the Respondent was to file response to the application and parties to file submissions on the application, if any. None of the parties filed submissions on the application. 8.I have considered the application. The substantive prayer sought is for the court to punish the Respondent for contempt of court. The court record shows that vide the judgement dated 6th June, 2024, the court made a valid and unambiguous order compelling the Respondent to furnish the Applicant with the documents listed in the Notice of Motion dated 9th March, 2022 at the Applicant’s cost within 30 day of service of the court order upon the Respondent. 9.The court further ordered that if the documents sought were not available, the Respondent was to communicate so to the Applicant within 30 days from the date of service of the order. 10.The Applicant averred in paragraph 4 of the Supporting Affidavit that the order was duly served upon the Respondent on 3rd December, 2024. To the Supporting Affidavit was annexed an Affidavit of Service sworn by Juliet Akinyi Dima on 3rd December, 2024. The deponent who is an Advocate of the High Court of Kenya, deposed that she personally served the court order dated 6th June, 2024 upon the County Land Registrar, Kisumu County at their offices situated within Arthi House Kisumu. A copy of the decree dated 6th June, 2024 attached to the Affidavit of Service bears a receiving stamp of the County Land Registry Kisumu and shows that the same was registered on 27th November, 2024. 11.It is the Applicant’s case that, in spite of the service, the Respondent has failed to furnish her with the document. 12.Having been served with the court order, I find that the failure to comply with the same was deliberate and willful and therefore in contempt of the court. I find that the application has merit and hereby allow it. I find that the County Land Registrar Kisumu is guilty of disobedience of a court order. 13.The County Land Registrar Kisumu is hereby summoned to physically appear in court on 13th July 2026 for mitigation and sentencing. The Attorney General to be served with this order.Orders accordingly. RULING DATED AND SIGNED AT KISUMU AND DELIVERED VIRTUALLY THIS 14TH DAY OF MAY 2026.E. ASATI,JUDGE.In the presence of:Atika - Court Assistant.Atieno for the ApplicantNo appearance for the Respondent