Margaret Nyambura & 117 others v Nairobi City County & 2 others [2021] KEELC 2239 (KLR)
The bottom line
#The Environment and Land Court refused to let Shauri Moyo residents enforce a 1991 judgment because Kenyan law blocks actions on judgments after 12 years.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to commence judicial review for mandamus should be granted to enforce a 1991 decree
Leave was refused because the claim to enforce the judgment was statute barred under Section 4(4) of the Limitation of Actions Act
The judgment the Applicants sought to enforce was delivered on 28/2/1991. Section 4(4) bars actions upon a judgment after 12 years from delivery, and arrears of interest after 6 years. The Applicants also failed to provide evidence of the existence of the 115 decree holders, and some may be dead, requiring administrators to take out letters of administration before commencing proceedings.
Legal principles established
#- An action upon a judgment may not be brought after 12 years from the date the judgment was delivered
- Arrears of interest on a judgment debt cannot be recovered after 6 years from when they became due
Court orders
#- 1.The court declines to grant the Applicants leave to commence judicial review proceedings
- Jurisdiction invoked
- Judicial review jurisdiction to grant leave to apply for mandamus
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Margaret Nyambura & 117 others v Nairobi City County & 2 others [2021] KEELC 2239 (KLR)", Case Analysis (2021). Application dated 19/12/2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2239/eng@2021-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.