A judge has found a man in contempt of court arising from a WhatsApp message he allegedly sent.
A Nairobi land dispute has taken a dramatic turn after a WhatsApp message allegedly sent by one of the parties became the key piece of evidence that persuaded a judge to find him in contempt of court.
In a ruling delivered on September 3, 2026, Environment and Land Court Judge C.G. Mbogo found Daniel Malika in contempt for allegedly disobeying court orders by demolishing structures that housed California Academy, a school operating on disputed property in Nairobi's Eastleigh area.
The dispute involves two parcels of land in Eastleigh claimed by Daniel Malika and Susan Malika Nyakoa, who runs the school located on the property.
The matter has been before court since 2024, with judges previously issuing orders intended to preserve the status quo until ownership questions are fully determined.
According to court documents, Susan told the court that California Academy was operating on the disputed land when the court directed that the property remain untouched pending the hearing of the case.
She alleged that despite those orders, she learnt in February 2025 that Daniel was in the process of selling the land to a third party identified as Mohamed Saleh.
Susan claimed she was informed by people connected to the prospective buyer that the property was being sold for Sh33 million, despite the existence of court orders restricting dealings on the land.
The dispute escalated towards the end of 2025.
Susan told the court that on the night of December 30, 2025, people acting on Daniel's instructions entered the school compound and demolished the entire structure housing California Academy.
She reported the matter to California Police Station the following day and said that during her inquiries she was informed that the demolition had been carried out on Daniel's instructions.
However, what appeared to have the greatest impact on the court's decision was an alleged admission made in a family WhatsApp group.
According to Susan, Daniel openly acknowledged responsibility for the demolition in messages posted in the group and directed her to move the school elsewhere.
The court viewed that communication as significant evidence because it suggested knowledge of and participation in actions that had taken place despite existing court orders preserving the property.
Susan argued that the destruction of the school had devastating consequences for learners.
Classrooms flattened
She told the court that classrooms were flattened just days before schools were due to reopen for the new term on January 5, 2026. Academic records, learning materials and other documents kept within the school were allegedly destroyed during the demolition.
"The learners have consequently been left without a school as all their original academic documentations and learning materials stored at the school premises have been destroyed," Susan stated in court papers.
She said the demolition had disrupted education and left parents, teachers and pupils facing uncertainty. The school operator asked the court to intervene, punish the alleged violation of its earlier orders and allow reconstruction of the premises to enable learning to resume.
Daniel did not file a response that was available to the court record, according to the ruling. Although he claimed to have filed a replying affidavit, the judge noted that it was not on the court's case tracking system. As a result, the application proceeded without a substantive response opposing the allegations.
Even so, Justice Mbogo emphasized that the court still had to examine the application carefully and determine whether the evidence justified the orders sought.
In his ruling, the judge underscored the seriousness of disobeying court orders and noted that findings of contempt require strong proof because they can lead to punishment, including loss of liberty.
After reviewing the material before him, the judge singled out the WhatsApp communication as particularly troubling.
"There is an admission by the plaintiff/respondent allegedly sent on WhatsApp informing the defendant/applicant to take her school elsewhere."
The judge said the message was more than a casual exchange between parties locked in a property dispute.
"This in my view amounts to serious contempt as it demonstrates that the plaintiff/respondent has no respect for the rule of law therefore making a mockery out of the court process."
Justice Mbogo found that Daniel had violated the court orders that had been issued on March 5, 2025, to preserve the disputed property until the ownership case could be heard and determined.
"I find the plaintiff/respondent in contempt of the orders of this court issued on March 5 2025," the judge ruled.
The court stopped short of immediately imposing punishment.
Instead, the judge ordered Daniel to personally appear in court on November 4, 2026, at 2.30 pm and explain why he should not face sanctions for disobeying the court
Justice Mbogo further warned that failure to attend would result in a warrant of arrest being issued and executed by police officers attached to the California Police Post in Eastleigh.
The court also awarded Susan the costs of the application.
While the ownership battle over the Eastleigh property remains unresolved, the ruling highlights the growing importance of digital communications in court disputes.
In this case, a WhatsApp message that allegedly told a school proprietor to "take her school elsewhere" became the evidence that convinced the court that its authority had been ignored.
Attention now shifts to the November court appearance, where Daniel will be required to explain why he should not be punished for conduct the court has already found amounted to contempt.
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