The Environment and Land Court ruled that Mosiria violated the order after his signature appeared on excavation permits issued during the restriction period.
The Nairobi County Chief Officer found guilty of contempt case was filed by the Parklands Residents Association through A.N. Ndambiri & Co. Advocates.
Court finds Mosiria responsible
A three-judge bench comprising Principal Judge O. A. Angote, Justice A. Omollo, and Justice C. G. Mbogo delivered the ruling on October 14, 2025.
The judges relied on two excavation permits dated March 17, 2025, and May 14, 2025.
Both documents authorised excavation and soil transportation at a property linked to Grandpine Company Limited.
The permits carried Mosiria’s signature in his capacity as Nairobi County Chief Officer for Environment.
The court found that Mosiria personally approved the documents despite an active order stopping development activities in the area.
The judges stated that contempt of court is personal and applies to individuals directly responsible for violating court orders.
Residents challenge Parklands construction
The case originated from a petition by Parklands Residents Association, which opposed what it described as unplanned construction in the area.
On March 5, 2025, the court issued a conservatory order stopping new development approvals and related activities in Parklands.
The order barred Nairobi City County and its planning committees from processing development applications for properties listed in the case.
Residents later reported excavation and tree-felling activities despite the court directive.
They then filed contempt proceedings against county officials and the developers involved.
Court rejects defence arguments
Mosiria’s lawyers, Senior Counsel Danstan Omari and Advocate Shadrack Wambua, defended his actions during the proceedings.
The defence argued that the permits did not amount to new development approvals.
They claimed the excavation works only followed conditions from an earlier approval issued before the court order.
However, the court rejected the argument.
The judges relied on the Physical and Land Use Planning Act, which defines development as carrying out works on land.
The court ruled that excavation activities fell within the meaning of development and violated the order.
Other officials discharged
The court cleared other county officials and private developers who were also named in the contempt proceedings.
The judges found that there was insufficient evidence linking them directly to the violation.
However, the court held that Mosiria’s signature on the permits established his personal responsibility.
Mosiria awaits sentencing decision
The ruling reaffirmed that court orders remain binding and must be obeyed by all parties.
Mosiria will return to court for a separate hearing where he will present mitigation before the court determines the appropriate action.
