Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially Allowed· [2021] KEELC 1265 (KLR)

Samimpex Kenya Limited v Hawo Bashir Omar & 5 others [2021] KEELC 1265 (KLR)

Environment and Land Court
29 October 2021
ECE.C. Cherono
1,262 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Kenyan court confirmed that police must assist in executing eviction orders, though only to keep the peace while licensed bailiffs do the actual eviction.

What this practically means

#

Executive summary

#
This was an application dated 19th July 2021 in which the Plaintiff/Applicant, through advocate Rajab Sumba, sought an order directing the Officer Commanding Station, Garissa Police Station, to ensure enforcement of eviction orders issued in 2014 by Gathumbi J, requiring the Respondents to vacate land known as Garissa Town/Block 5/3. The applicant had obtained extension orders on 19th April 2021 allowing Recovery Concept Auctioneers to execute the eviction, but when the advocate attended Garissa Police Station on 14th May 2021, the OCS, Chief Inspector Micheal Munyalo, declined to receive or act on the order, contending that the police were not a party to the dispute and the order was not directed at them. The court analysed Section 24 of the National Police Service Act, which obliges the police to maintain law and order and enforce laws, and relied on prior decisions including Namu Wachira & 2 others v Njeru Wachira and Mariko Ndwiga v Edith Muthanje, which held that the police's role in execution of court orders is to maintain law and order to enable bailiffs to execute, not to act as agents of eviction. The court distinguished between asking the police to enforce orders themselves and seeking their assistance in enforcement, holding that the applicant must prove formidable grounds for the latter. Given the applicant's prolonged difficulties - including an unaffordable auctioneer's bill of Kshs 1,500,000 incorporating hiring 42 police officers, and the respondents' continued occupation since 2014 - the court found the case a clear candidate for police assistance. The court ordered the OCS Garissa to provide assistance to the plaintiff in enforcement of the orders, and made no order as to costs.

Key legal issues

#
01

Whether police assistance can be ordered for enforcement of court orders

Holding

Yes - the police are under a statutory duty to maintain law and order under Section 24 of the National Police Service Act, which is wide enough to include providing security to enable execution of court orders

Reasoning

The court relied on Section 24 of the National Police Service Act, which obliges the police to maintain law and order and enforce laws. Drawing on prior High Court decisions (Namu Wachira, Mariko Ndwiga), it held that police assistance in execution of decrees is proper, with the police role confined to maintaining law and order while bailiffs execute. Given the applicant's long-standing difficulties enforcing the 2014 eviction orders, police assistance was warranted.

02

Whether the applicant had demonstrated grounds justifying the assistance sought

Holding

Yes - the history of the case and the challenges faced by the applicant in enforcing the orders made it a clear candidate for police assistance

Reasoning

The applicant obtained eviction orders in 2014, engaged auctioneers whose bill (including hiring 42 police officers) proved unaffordable, issued an eviction notice in 2020, and the respondents remained in occupation despite the orders. The Officer Commanding Station refused to act on the order, claiming the police were not a party to the dispute. This history of obstruction justified the order for police assistance.

p. 3

Legal principles established

#
  • Section 24 of the National Police Service Act, though not explicitly referencing implementation of court orders, is wide enough to include provision of security to enable execution of court orders
  • The role of the police in execution of eviction orders is confined to maintaining law and order to enable court bailiffs to perform their duties
  • An applicant seeking police to enforce court orders must prove formidable grounds why such assistance is necessary

Court orders

#
  1. 1.That the Officer Commanding Station, Garissa Police Station to provide assistance to the plaintiff in enforcement of the Orders issued herewith
  2. 2.No order as to costs

Authorities

#

Legislation

  • National Police Service ActSection 24

Cases cited (4)

  • Namu Wachira & 2 others v Njeru Wachira
    [2015] eKLR
  • Claire Adamba Okanga v. Godfrey Gichuki Waiharo
    Civil Appeal number 69 of 2012 (at Nairobi)
  • Republic v. The Registrar of Societies and others
    Misc Civil Application (J.R) number 24 of 2014 (at Mombasa)
  • Mariko Ndwiga v Edith Muthanje
    [2020] eKLR
Jurisdiction invoked
Section 24 of the National Police Service Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Samimpex Kenya Limited v Hawo Bashir Omar & 5 others [2021] KEELC 1265 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1265/eng@2021-10-29

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