The Environment and Land Court has found two senior officials of the Kenya Railways Corporation in contempt over the demolition of businesses linked to Kiambu Governor Kimani Wamatangi despite existing court orders stopping the demolition.
Justice Oscar Angote ruled that Philip J. Mainga and Stanley Gitari knowingly disobeyed court orders issued on March 11, 2026, barring interference with the disputed property pending the determination of the case.
“The essential elements necessary to establish contempt of court have therefore been proved,” the judge stated in the ruling.
The case was filed by Superclean Shine Enterprises Limited and King Prime International Limited after structures on the property were demolished.
Earlier in January, the court had issued orders restraining any interference with the property after the companies claimed they held a valid lease over the land situated off Langata Road.
Despite the stay orders, the demolition allegedly proceeded, prompting the petitioners to return to court seeking contempt proceedings against Kenya Railways officials.
Following the demolition, the court issued further orders on March 11 stopping any additional construction or activities on the site pending the hearing and determination of the dispute.
To establish the extent of compliance with the court orders, the court directed that an independent site visit report be prepared.
According to the ruling, the report described the property as an open parcel of land partially enclosed by a perimeter wall and corrugated iron sheet fencing bordering Aerodrome Road.
According to the findings, there was visible vehicular activity at the site together with ongoing construction works. The report further documented piles of construction materials, including sand, aggregate and rubble; excavated trenches; and construction personnel dressed in protective gear. Heavy machinery, among them a road roller and a paving machine, were also found at the site during the inspection.
The report further confirmed that masonry works linked to the construction of a boundary wall were ongoing on the opposite side of the railway line. In his ruling, Justice Angote rejected arguments by the respondents that the construction activities were taking place on a different section outside the disputed property.
The judge found that the site visit report directly contradicted their assertions and established that construction materials and personnel were actively present within the contested area despite subsisting court orders.
“Consequently, the respondents’ contention that the activities were occurring on a distinct portion outside the area in issue is not borne out by the independent site visit report,” the court ruled.
The judge further held that the evidence presented before the court demonstrated that the officials were fully aware of the orders issued on March 11 and deliberately acted in breach of them. Justice Angote consequently found Mainga and Gitari guilty of contempt.
“Philip J. Mainga and Stanley Gitari are to appear before this court on a date to be fixed by the court for mitigation and sentencing,” the judge further directed.
The court also extended interim orders barring any interference, construction activities, or further dealings on the disputed land following a request by the petitioners.
The petition revolves around ownership and occupation of the disputed parcel, with the companies maintaining that they were lawfully in possession of the land before the demolitions occurred.
