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ELCPartially AllowedNot stated in the judgment· [2019] KEELC 1273 (KLR)

Arcadius Njora Chege v Geoffrey Muchiri [2019] KEELC 1273 (KLR)

Environment and Land Court
17 October 2019
JKJ G Kemei
749 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ordered an occupant evicted for defying a prior judgment, confirming winning litigants can enforce their judgments.

What this practically means

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Executive summary

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This is a ruling on the Plaintiff/Applicant's Notice of Motion dated 21/2/2019 seeking an eviction order against the Defendant/Respondent from land parcel MAKUYU/MAKUYU BLOCK II/1256 in execution of the judgment delivered on 31/5/2018 and orders issued on 13/12/2018. The judgment had directed the Defendant, her family, employees, agents and all claiming under her to vacate the suit land within 60 days, failing which eviction would issue. The Applicant asserted that she was the legal owner, that the Defendant remained in illegal occupation, and that she could not develop the land while the Defendant remained on it. The application was unopposed: the Respondent was duly served with both the application and hearing notice, as evidenced by an affidavit/return of service dated 6/3/2019, but filed no response and did not attend court. Counsel for the Applicant submitted that the eviction should be executed by HIPPO Auctioneers under police supervision. The court, per J G Kemei J, held that it was within its mandate to make further orders for the limited purpose of enforcing its judgment, that the Respondent's defiance of court orders could not be entertained, and that the Applicant was entitled to enjoy the fruits of her judgment, applying Order 22 Rule 29 of the Civil Procedure Rules on execution of decrees of immovable property. The application was allowed in terms of prayers 2, 3 and 4: an eviction order issued, HIPPO Auctioneers tasked with execution, and the OCS or Administration Police Commandant Makuyu directed to supervise and provide security. The court made no orders as to costs.

Key legal issues

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01

Whether eviction orders in execution of a prior judgment should issue against a defiant judgment debtor

Holding

Yes. The Respondent was duly served, failed to respond or appear, and the 60-day period to deliver vacant possession had lapsed, entitling the Applicant to eviction orders.

Reasoning

The court had on 31/5/2018 ordered the Defendant to vacate the suit land within 60 days, in default eviction to issue. The decree was served on the Respondent as evidenced by the affidavit of service dated 6/3/19. The grace period had lapsed and the Respondent had defied the court orders, which conduct could not be entertained. Order 22 Rule 29 of the Civil Procedure Rules governs execution of decrees relating to immovable property and delivery of possession.

p. 2

Legal principles established

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  • A court may make further orders to serve the limited purpose of enforcing its own judgment, and cannot decline to do so where it would cause hardship to the decree holder
  • A decree holder is entitled to enjoy the fruits of judgment once the period allowed for voluntary compliance lapses

Court orders

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  1. 1.An eviction order issued against Margaret Magiri Mwangi from land parcel number MAKUYU/MAKUYU BLOCK II/1256 in execution of the court orders dated 13/12/2018
  2. 2.HIPPO Auctioneers to execute the eviction order
  3. 3.The Officer Commanding or Administration Police Commandant Makuyu Police Station to supervise and offer security during the eviction exercise
  4. 4.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 22 Rule 29
Jurisdiction invoked
Inherent mandate to enforce its own judgment; Order 22 Rule 29 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Arcadius Njora Chege v Geoffrey Muchiri [2019] KEELC 1273 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1273/eng@2019-10-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.