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Kenya decisions
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Nairobi City County v Waithaka [2025] KEELC 3940 (KLR)
The court found Nairobi City County in contempt of a consent order protecting possession of land, and directed the Chief Officer, Lands, to show cause.
Maritim & 4 others v Samoei & 4 others [2025] KEELC 2905 (KLR)
The court dismissed a contempt application after finding the 19 January 2023 ruling contained no positive order binding the respondents and no proof of notice.
Sum v Koech [2024] KEHC 14276 (KLR)
The court found that the applicant failed to establish the existence of a clear and unambiguous order binding the respondent, as the dismissal of the stay application coupled with directions on the decretal sum created ambiguity. There was no evidence of personal service of the order on the respondent, a fundamental requirement for contempt. The execution process had commenced before the impugned orders, and the applicant had not complied with the condition of depositing security. The threshold for contempt was not met, and alternative remedies were available to the applicant. Consequently, t…
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Center for Litigation on Environment and Governance (CLEG) v Tasiir [2024] KEELC 7107 (KLR)
The court struck out a contempt application, holding it was sub judice because the same issues were already pending in Petition No. E001 of 2024.
In re Estate of Pius Tembete Kwayiya (Deceased) [2024] KEHC 13467 (KLR)
The court found that the applicant failed to prove contempt against the respondents to the required standard. The order of 19th July 2022 was directed at the District Surveyor and the OCS Eshihongo police station, not the respondents, and was therefore not binding on them. Furthermore, there was no evidence that the order was served on the respondents as required by law. The applicant did not demonstrate that the respondents had knowledge of the order or that their conduct was in deliberate breach of a binding court order. The acts of contempt were not proved beyond reasonable doubt, and the…
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Wanyoike & another v Wainaina; Wainaina v Wanyoike & 4 others (Counter Claim) [2024] KEELC 5842 (KLR)
The court dismissed a contempt application, finding no proof that the defendant had been served with or knew of the order allegedly breached.
Mose v Kirwa ((Being Sued in Her Own Capacity & as the Personal Representative of the Estate of Salem Kiprono Kirwa)) [2024] KEELC 5143 (KLR)
The court found the respondent in contempt for tilting land despite an existing injunction, holding that knowledge of the order through counsel was sufficient.
Kariuki v Watatua & another [2024] KEHC 6915 (KLR)
The High Court granted leave to appeal out of time and a limited stay over one land parcel, subject to deposit of the original title deed as security.
Republic v Principal Kadhi, Mombasa; Patel (Interested Party); Dar & 3 others (Respondent) [2024] KEELC 705 (KLR)
The court found that the applicant failed to prove contempt of court against the respondents. The orders issued on 6th March, 2023 were clear but did not impose any positive or negative obligations on the respondents that could be disobeyed; they related to stay of execution and leave to file an appeal, not to injunctions or prohibitions against the respondents. There was no evidence that the respondents were served with or had knowledge of the orders, as required for contempt proceedings. The applicant did not provide proof beyond reasonable doubt of willful disobedience or breach by the res…
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Maramoja Transport Ltd v Makini School Ltd [2024] KEHC 846 (KLR)
The High Court dismissed a contempt application after finding the transport contract had been terminated before the interim orders were issued and could not be enforced.
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