Mahulo (Suing on her Behalf and as the Administrator of the Estate of Marcelina Amolo Mahulo) v Okello & 4 others (Environment & Land Case 150 of 2014) [2025] KEELC 1174 (KLR)
The bottom line
#A Kisumu land court ordered eviction warrants for occupants who stayed past a court deadline, confirming that a dismissed stay application means you must comply with the judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether warrants of eviction could issue after expiry of the 30-day vacate order
The application had merit as the judgment remained unstayed and the Defendants had not vacated after the 30 days expired
It was common ground that the judgment had not been stayed, varied or set aside, and that the time to vacate had lapsed without the Defendants vacating. The 5th Defendant's pending appeal did not excuse non-compliance because her stay application had been dismissed, the court having found she would not suffer substantial loss and that she had not defended the suit so her interest was unascertainable.
Whether a formal court application was the proper mode of obtaining a warrant of eviction
No; the warrant should issue through the normal execution process handled by the Deputy Registrar after taxation of the bill of costs
The court clarified that the judgment contemplated a normal application for execution with a request for a warrant of eviction, to be handled by the Deputy Registrar as part of the execution process, not a formal application to the judge. Nevertheless, since a formal application was before it, the court granted the relief in the form of directions for issue of warrants after taxation.
Legal principles established
#- A party dissatisfied with a judgment cannot refuse to comply with it where an application for stay of execution has been dismissed
- A warrant of eviction following judgment need not be sought by formal application to the court; it is part of the execution process handled by the Deputy Registrar
Court orders
#- 1.After taxation of the Plaintiff's bill of costs, the Deputy Registrar shall issue warrants for the eviction of the Defendants from the suit property on the Plaintiff's application for execution if the Defendants have not vacated the property
- 2.The O.C.S Kondele Police Station shall provide security to the Court Bailiff/Auctioneer who shall carry out the eviction
- 3.The Court Bailiff/Auctioneer carrying out the eviction shall ensure the provisions of Section 152G of the Land Act, 2012 are complied with
- 4.Each party shall bear its costs of the application dated August 15, 2024
- Jurisdiction invoked
- Application for warrants of eviction following judgment in the suit; Land Act, 2012, Section 152G; civil procedure execution process
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mahulo (Suing on her Behalf and as the Administrator of the Estate of Marcelina Amolo Mahulo) v Okello & 4 others (Environment & Land Case 150 of 2014) [2025] KEELC 1174 (KLR)", Case Analysis (2025). Not stated in extract (suit over Kisumu/Kanyakwar 'A'/27). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1174/eng@2025-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.