Registered Trustees of Fountain Gate Church & 2 others v Kioko (Suing in his capacity as Chairman for and on behalf of Runda Gardens Residents Association & another (Environment and Land Appeal E012 of 2024) [2025] KEELC 7307 (KLR) (28 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7307
- Citation
- [2025] KEELC 7307 (KLR)
- Decided
- 28 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureAppeal from the National Environmental Tribunal's RulingCoramJG KEMEI, Mativo, Ndolo
Holding
The court finds that the Tribunal erred in finding the Appellants in contempt and in ordering a fine. The court sets aside the Ruling and awards the Appellants the costs of the appeal.
Facts
The 1st Respondent (NEMA) granted a construction license to the 1st Appellant (Fountain Gate Church) for the Fountain Gate Church Development on LR 27937 Runda, Nairobi. The 1st Appellants were found in contempt of court for disobeying an injunction order issued by the Tribunal.
Issues
- Whether there was sufficient evidence proving contempt.
- Whether the Appellants were condemned unheard.
- Whether the Tribunal erred in directing the Appellants to pay Kshs. 2,000,000 as fine for contempt.
- Whether this Appeal is merited.
Reasoning
The court re-evaluates the evidence and finds that the Tribunal misapplied the law on contempt of court. The court also notes that the fine is not appropriate for contempt proceedings.
Outcome
Appeal dismissed, Ruling set aside, costs awarded to Appellants
Orders
- Set aside the Ruling dated 10/1/2024
- Award the Appellants the costs of the appeal
Remedies
- Costs awarded to Appellants
Authorities cited
Legislation (2)
- Civil Procedure Act
- EMCA (Environmental Management and Coordination Act)
Cases cited (2)
- Hadkinson -vs- Hadkinson
- Alfred Mutua -vs- Boniface Mwangi
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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