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ELCPartially AllowedNot stated in extract (suit over Kisumu/Kanyakwar 'A'/27)· [2025] KEELC 1174 (KLR)

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)

Environment and Land Court
10 March 2025
1,536 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Environment and Land Court at Kisumu by S. Okong'o, J, on the Plaintiff's application dated 15th August 2024 seeking warrants for the eviction of the Defendants from Kisumu/Kanyakwar 'A'/27, following the judgment of 19th June 2024 in which the Plaintiff was declared proprietor, the Defendants trespassers, and which ordered the Defendants to vacate within 30 days, awarding the Plaintiff mesne profits of Kshs. 1,000,000 and costs. The 30 days having lapsed without the Defendants vacating, and the 5th Defendant's application for stay of execution pending appeal having been dismissed on 31st October 2024, the Plaintiff sought warrants of eviction executed by the Court Bailiff/Auctioneer under the supervision of the OCS Kondele Police Station. The 5th Defendant opposed through an uncommissioned affidavit, arguing her appeal to the Court of Appeal would be rendered nugatory by eviction. The court held that the judgment had not been stayed, varied or set aside, that the appeal did not excuse non-compliance after the dismissal of the stay application, and that the application had merit. However, the court observed that a formal application to the court was unnecessary, as the warrant should be sought through the normal execution process handled by the Deputy Registrar after taxation of the Plaintiff's bill of costs. The court directed that warrants issue through that process, with security provided by the OCS, and with compliance with Section 152G of the Land Act, 2012. Each party was ordered to bear its own costs of the application.

Key legal issues

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01

Whether warrants of eviction could issue after expiry of the 30-day vacate order

Holding

The application had merit as the judgment remained unstayed and the Defendants had not vacated after the 30 days expired

Reasoning

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.

p. 3
02

Whether a formal court application was the proper mode of obtaining a warrant of eviction

Holding

No; the warrant should issue through the normal execution process handled by the Deputy Registrar after taxation of the bill of costs

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 2.The O.C.S Kondele Police Station shall provide security to the Court Bailiff/Auctioneer who shall carry out the eviction
  3. 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. 4.Each party shall bear its costs of the application dated August 15, 2024

Authorities

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Legislation

  • Land ActSection 152G
Jurisdiction invoked
Application for warrants of eviction following judgment in the suit; Land Act, 2012, Section 152G; civil procedure execution process

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.