Mary Waithera Muiruri v Kuria Ng’ang’a [2019] KEELC 1779 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Compliance with execution procedure before issuance of eviction warrants
Eviction warrants cannot issue directly on a motion without the execution application prescribed by Order 22 Rules 6 and 7(2); the court directed compliance first, then issuance of warrants
The court noted that Order 22 Rule 6 requires an application for execution to the court that passed the decree, in Form No. 14 of Appendix A, and Rule 7(2) requires written applications with tabulated particulars. No such application appeared on the record. The court reasoned that these requirements serve legitimate purposes, including verification of the auctioneer's standing and payment of execution fees, and that the plaintiff would suffer no prejudice by complying. It therefore allowed the application only conditionally, ordering compliance before warrants issue.
Uncontested application for eviction warrants and police security
The served defendant did not respond or attend, so the court accepted the decree was unsatisfied and saw no reason to refuse the application, subject to procedural compliance
The court recorded that the defendant, though served, neither filed a response nor attended the hearing. Given the prior dismissal of the defendant's stay application on 3rd July 2019, the court inferred the decree remained unsatisfied and was inclined to grant the orders sought, tempered only by the requirement to follow the execution procedure. It granted police security for the execution.
Legal principles established
#- An application for execution of a decree must be made to the court which passed the decree in accordance with Order 22 Rule 6 and Form No. 14 of Appendix A, and must contain the particulars required by Order 22 Rule 7(2)
- Procedure is the handmaiden of substance and execution procedure must be complied with before warrants issue
Court orders
#- 1.The plaintiff to comply with the procedure for execution of decrees under Order 22 Rules 6 and 7(2)
- 2.Upon such compliance, eviction warrants pursuant to the decree made on 29.6.2017 to be issued to Waruinge Peter Waititu t/a Digit Auctioneers of P.O Box 780-20300 Nairobi or such other duly licensed auctioneer
- 3.The officer commanding Mirangi-ini Police Station to provide security and maintain peace during execution of the eviction warrants
- 4.Costs of the application to the plaintiff
- Jurisdiction invoked
- Enforcement of decree under Order 22 Rules 6 and 7(2) of the Civil Procedure Rules in the court which passed the decree
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Waithera Muiruri v Kuria Ng’ang’a [2019] KEELC 1779 (KLR)", Case Analysis (2019). Notice of Motion dated 31st July 2019 (in the suit determined by Munyao J on 29th June 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1779/eng@2019-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.