Jacka & another v Jacka & 3 others (Environment & Land Case 96 of 2013) [2024] KEELC 6535 (KLR)
The bottom line
#A Kenyan landowner who wins a case can now ask the court to remove cautions and direct police to provide security during eviction.
What this practically means
#Executive summary
#Key legal issues
#Removal of cautions after judgment
Where judgment declares the plaintiff absolute owner and orders removal of cautions, the court may direct the Land Registrar to lift the caution when defendants refuse to do so
The 2018 judgment granted the reliefs in prayers 10 and 10(A); cautions lodged by defendants can only be removed by them or by the Land Registrar. Since defendants refused, it was proper to direct the registrar, though the applicants confined the order to parcels 2270 and 2271.
Role of police in execution of civil processes
Police are not to enforce civil decrees but may be ordered to provide security during eviction to preserve law and order
Relying on Kamau Mucuha v The Ripples Ltd, the court noted police should not be involved in securing compliance with court orders, but evictions of trespassers are dangerous and, under Section 24 of the National Police Service Act, police may provide security and maintain law and order during the process.
Defective drawing of decree
The decree was not drawn by the plaintiffs as required by Order 21 Rule 8(2), which explains why fresh orders were sought
The decree issued on 3rd January 2019 captured the reliefs granted but was likely drawn by a registry officer rather than the party, contrary to Order 21 Rule 8(2). A properly drawn decree enables implementation organs to understand what is required.
Legal principles established
#- Although police should not be involved in executing civil processes, they may properly be directed to provide security and maintain law and order during evictions, pursuant to Section 24 of the National Police Service Act
- A decree must be drawn in accordance with the judgment under Order 21 Rule 8(2) of the Civil Procedure Rules as it is a vital step in the execution process
Court orders
#- 1.The firm of Akiro & Associates Advocates granted leave to come on record for the 1st Plaintiff
- 2.An order directing the Land Registrar Busia to effect the removal and/or cancellation of the cautions lodged and registered on land parcels No North Teso/Kocholia/2270 and 2271
- 3.An order directing the OCS Malaba Police Station to provide security and ensure law and order during the eviction of the defendants, their relatives, agents and all those claiming through them from the said parcels, the eviction to be conducted in accordance with the law and in a humane manner without destruction of any property
- 4.Each party to meet their own costs
- On appeal from
- Court of Appeal
- Civil Appeal No 4 of 2019
- Jurisdiction invoked
- Order 51 of the Civil Procedure Rules; application for enforcement of decree in a suit previously determined by this court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacka & another v Jacka & 3 others (Environment & Land Case 96 of 2013) [2024] KEELC 6535 (KLR)", Case Analysis (2024). Notice of Motion dated 4th June 2024 (arising from suit over land parcels N. Teso/Kocholia/2270, 2271 and 2268). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6535/eng@2024-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.