Simon Parkoyiet Mokare v Peter Kokai 3 others [2020] KEELC 2925 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over the eviction application
The ELC has jurisdiction to entertain the miscellaneous cause seeking eviction pursuant to its earlier decree.
Section 13 of the Environment and Land Court Act confers original and appellate jurisdiction over disputes relating to environment and land under Article 162(2)(b), including disputes relating to land administration and management and to private land and enforceable interests in land. Since the cause arose from implementation of an eviction order issued by an ELC Judge, the court found it had jurisdiction.
Whether the application is res judicata or an abuse of process
It is neither; it merely implements the judgment and follows the directions given in that judgment.
The court held that the application does not bring in the same cause of action previously heard and determined; it only seeks to implement the judgment of 25th September 2014, which expressly provided that in default an eviction order would issue on application. The 2nd Respondent failed to demonstrate how filing such a formal application constituted abuse of court process.
Effect of pending Supreme Court appeal
In the absence of any order staying the Court of Appeal decision, the eviction order could issue.
The 2nd Respondent claimed to have lodged a Notice of Appeal to the Supreme Court but furnished no order staying the decision of the Court of Appeal, which had dismissed the appeal on 1st December 2017. The judgment of 25th September 2014 therefore remained valid and enforceable.
Legal principles established
#- The Environment and Land Court has jurisdiction, under section 13 of the Environment and Land Court Act, to hear and determine an application for an eviction order in implementation of its own judgment, and such an application is not res judicata because it merely seeks to implement the judgment.
- Where an appeal has been dismissed and no order staying the decision is furnished, the terms of the original judgment remain valid and enforceable.
- The Deputy Registrar cannot grant eviction orders directed by a Judge; such orders must issue from the Environment and Land Court.
Court orders
#- 1.An order of eviction issued against the 1st, 2nd and 3rd Respondents, by themselves or their agents and/or servants, from LR Kajiado/Kaputiei South/2241 (now Kajiado/Kaputiei South/2625 & 2626) pursuant to the decree granted on 25th September 2014 in ELC No. 929 of 2012 consolidated with ELC No. 1055 of 2012
- 2.The OCPD and the OCS Mashuru Police Station authorized to enforce compliance of the Court Order
- 3.The Respondents to bear the costs of the Application
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act, giving effect to Article 162(2)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ambuchi v Mathonye[2023] KEELC 18812 (KLR)13 Jul 2023
- Joseph Musau Mwanzia v Richard Kasongo Ngoosa & another [2021] KEELC 129 (KLR)[2021] KEELC 129 (KLR)20 Dec 2021
- Bernard Kanyi (suing on behalf of the Plaintiff) v 1st Defendant & 2nd Defendant[2020] KEHC 2010 (KLR)29 Oct 2020
Cite this brief
#Cite this brief
Caselaw, "Simon Parkoyiet Mokare v Peter Kokai 3 others [2020] KEELC 2925 (KLR)", Case Analysis (2020). Miscellaneous Application dated 29th January 2018 (arising from ELC Petition No. 929 of 2012 consolidated with ELC No. 1055 of 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2925/eng@2020-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.