Nkoipa Ole Sakita & another v Milia Muyiankent [2017] KEELC 744 (KLR)
The bottom line
#A Kenyan court refused to evict someone from land because the claimants only had a letter of allotment and skipped the required three-month eviction notice.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs were entitled to mandatory interlocutory orders of eviction and demolition
No. The orders sought were mandatory in nature; the Plaintiffs held only Letters of Allotment, which do not constitute title, and no special circumstances justified granting mandatory relief at the interlocutory stage.
The court relied on Kimondo J's holding that a letter of allotment is not title, and on the Kenya Breweries v Okeyo test that mandatory injunctions are granted interlocutorily only in special circumstances or where the case is clear. Although unopposed, the application did not meet that threshold; ownership and the issues raised required full trial with oral evidence.
Whether the Plaintiffs complied with the statutory procedure for eviction under section 152E of the Land Act
No. The Plaintiffs had not served the required three months' notice before the intended eviction.
Section 152E of the Land Act requires an owner who considers a person in occupation without consent to serve a written notice of not less than three months, specifying terms for removal of buildings and crops, and served on the deputy county commissioner and the OCPD. On the evidence in the supporting affidavit, the Plaintiffs had not adhered to these provisions and therefore could not seek eviction orders at the interlocutory stage.
Legal principles established
#- A letter of allotment is not a title to property; it is a transient right or offer to take property.
- A mandatory injunction will not normally be granted on an interlocutory application in the absence of special circumstances.
- Before evicting a person in occupation of private land without consent, the owner must serve a statutory notice of not less than three months under section 152E of the Land Act.
Court orders
#- 1.The Plaintiffs' Notice of Motion dated 12th July, 2017 is dismissed
- 2.Costs will be in the cause
- Jurisdiction invoked
- Sections 3A and 18(1)(a) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nkoipa Ole Sakita & another v Milia Muyiankent [2017] KEELC 744 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/744/eng@2017-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.